What are the Text Message Laws in The US?

If you are deeply invested in lead generation, and follow up on your leads with text messages, there are some laws that you need to be very aware of to protect your business and limit risks. Here’s what you need to know.

In the age of digital communication, text messaging has become a standard tool for businesses. Whether it’s for marketing, customer service, or general communication, businesses use text messages to connect with both potential and existing customers. However, just as with any other form of communication, there are legal guidelines that businesses must adhere to when using text messaging. Here’s a look at the critical text message laws that every business needs to follow.

1. Telephone Consumer Protection Act (TCPA)

Enacted in 1991, the TCPA is a federal law in the United States that restricts telemarketing communications. While it primarily targets phone calls, it also applies to text messages. The law prohibits businesses from sending unsolicited text messages to consumers.

Key components of the TCPA that every business should be aware of include:

• Consent: Businesses must have prior express written consent before sending marketing text messages. This consent must be clear and conspicuous, outlining the type of messages the consumer will receive.
• Opt-Out: Consumers must have the ability to opt-out of any future text messages. Opt-out mechanisms must be straightforward and honored immediately.

2. CAN-SPAM Act

The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, more commonly known as the CAN-SPAM Act, sets the rules for commercial email and establishes requirements for commercial messages. While it’s primarily designed for email, its principles also apply to text messages.

Here are some key provisions:

• Don’t use false or misleading header information.
• Don’t use deceptive subject lines.
• Identify the message as an advertisement.
• Include a valid physical postal address in your message.
• Tell recipients how to opt out of receiving future email from you and honor opt-out requests promptly.

3. General Data Protection Regulation (GDPR)

For businesses that operate in or have customers in the European Union, the GDPR is a crucial regulation to consider. It strictly controls how businesses can collect, store, and use personal data, including phone numbers.

A few important points:

• Consent: Under the GDPR, businesses need explicit consent from individuals before sending them text messages.
• Transparency: Businesses must clearly communicate why they’re collecting an individual’s data and how it will be used.
• Data Minimization: Businesses are required to collect only the necessary data for the purpose identified.

4. State Laws

In addition to federal regulations, certain states have their own laws regarding text messaging. For example, in California, the California Consumer Privacy Act (CCPA) provides consumers with more control over their personal information, similar to the GDPR. It’s essential for businesses to familiarize themselves with the laws in the states where they operate.

Conclusion

Text messaging can be a powerful tool for businesses. However, with great power comes great responsibility. Businesses must respect and protect consumers’ rights when using text messaging for communication or marketing. By understanding and complying with laws like the TCPA, CAN-SPAM Act, GDPR, and relevant state laws, businesses can responsibly and effectively use text messaging.

This article should not be considered legal advice. Always consult with a legal professional to ensure your business is in compliance with all relevant laws and regulations.

Remember, non-compliance can lead to severe financial penalties and damage to a company’s reputation. But, beyond that, ethical and legal text messaging practices are simply part of being a responsible, respectful, and consumer-friendly business.

Is it Legal to Send Text Messages Without Consent?

The legality of sending text messages without consent depends on the jurisdiction and the nature of the text message. In many places, sending commercial or promotional text messages without the recipient’s explicit consent is illegal. Here are some examples:

1. United States: Under the Telephone Consumer Protection Act (TCPA), it’s illegal to send unsolicited commercial text messages without the recipient’s express written consent.
2. European Union: Under the General Data Protection Regulation (GDPR), businesses must obtain explicit consent before sending promotional or commercial text messages. The ePrivacy Directive, also known as the EU Cookie Law, also governs this area.
3. Canada: Under the Canadian Anti-Spam Legislation (CASL), businesses must obtain consent before sending commercial electronic messages, including text messages.

It’s always a good idea to check local laws or consult with a legal professional if you’re unsure about the rules that apply to your situation. And regardless of the legality, it’s generally considered good etiquette to obtain a person’s consent before sending them text messages, especially if they’re promotional or commercial in nature.

For non-commercial text messages, such as personal communication, the rules may be less clear-cut. Harassment, threats, or other forms of harmful communication are often illegal, but the specific laws and definitions vary by jurisdiction.

What US States Have Laws Regarding Text Messaging?

The most relevant federal law in the United States related to sending unsolicited text messages is the Telephone Consumer Protection Act (TCPA). The Federal Communications Commission (FCC) enforces this legislation, which covers the entire country.

However, some states may have their own additional laws or regulations that complement the TCPA or address other aspects of electronic communication. These laws can cover a variety of issues, including spam, harassment, cyberstalking, and more. The specifics of these laws can vary greatly from state to state, and they may not necessarily be limited to text messages specifically, but could also cover other forms of electronic communication.

For example, California’s anti-spam law, known as Business and Professions Code Section 17538.45, is stricter than the federal CAN-SPAM Act and imposes additional requirements for commercial email messages, which could potentially extend to commercial text messages as well.

It’s important to consult with a legal professional or conduct thorough research to understand the specific laws in any particular state.

Are Text Messages Protected by Privacy Laws?

Yes, text messages are often protected by privacy laws, but the exact protections can vary by jurisdiction and context.

In the United States, for example, the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA) generally protect electronic communications, including text messages, from unauthorized interception, access, and disclosure. The Fourth Amendment to the U.S. Constitution also generally protects against unreasonable searches and seizures, which has been interpreted by courts to sometimes apply to text messages.

However, these protections often have limits. For example, if you’re using a work phone or a work messaging system, your employer may have the right to access and monitor your messages. Similarly, if you’re involved in a lawsuit, text messages can often be subpoenaed and used as evidence.

On the consumer side, the Telephone Consumer Protection Act (TCPA) restricts unsolicited marketing calls and texts. And if a company is collecting or processing your personal data, including text messages, they may be subject to privacy laws like the California Consumer Privacy Act (CCPA) or the General Data Protection Regulation (GDPR) in the EU, which provide certain rights and protections related to your personal data.

As always, the specifics can vary greatly by jurisdiction and situation, so it’s important to consult with a legal professional if you have specific questions or concerns.