SMS Consent and Compliance Guidelines

Errors such as “We detected the contents of this message may violate carrier acceptable use policies,” “Delivery Failed,” and “An unknown error occurred” may be caused by not meeting messaging policy requirements related to SMS compliance.

Unknown Errors or Delivery Failed errors

Carrier Violation errors

It’s important to comply with and follow SMS rules and regulations when using SMS to communicate with your Customers in Gladly. SMS communications regulations must be followed to avoid penalties or SMS deliverability issues. These laws and regulations include, but are not limited to:

• CAN-SPAM Act  – Protects consumers from receiving SMSes from companies with whom they have no relationship.
• Cellular Telecommunications and Internet Association (CTIA)  – Designed to protect consumers from unwanted messages and urges explicit opt-in for any SMS communications.
• California Consumer Privacy Act (CCPA)  – Gives consumers information on what personal data is collected and how it’s used, the right to delete personal data and more.
• Telephone Consumer Protection Act (TCPA)  – Limits the use of automated tools and requires businesses to get explicit — and documented — consent before an SMS is sent. Even if your company has a relationship with the recipient, you may only SMS if there is explicit opt-in consent. 

We strongly suggest you seek legal counsel to review your SMS programs and policies to ensure compliance with SMS laws, regulations, and guidelines. To help you with this, we have created general guidelines and best practices to recommend you follow when using SMS to communicate with Customers in Gladly.

Include opt-in language in your ‘Contact Us’ web page. #

Receive consent by including opt-in language in places where you advertise the phone number that Customers can text to contact you. Using Retalé (a faux company) as an example, you could add the following language to your “Contact Us” web page on your website or mobile application next to your phone number:

“By texting us, you consent to receive text messages from Retalé at the mobile number you used to text and you are opting-in to receive future messages or a phone call in the number you provided. Message & Data rates may apply. Reply STOP anytime to opt-out.”

They consent to receive a response by SMS by proactively reaching out first, but they provide consent for that exchange only and not for future communications.

If you plan on using their number to reach out through SMS proactively, you must include information on your Contact Us page on how you may use their information in future SMS communications. For example:

“Prefer to message us instead? Text us at 555-555-5555 if you need help. By texting us, you consent to receive text messages from Retalé at the mobile number you use to text and you are opting-in to receive future messages or a phone call in the number you provided. Message & Data rates may apply. View our Terms and Privacy Policy for more information”

You should also ensure that your Privacy Policy clearly states your communication practices.

SMS #

Communicate with Customers using SMS/text messages through their Customer Profiles. Below are ways SMS is initiated:

1. Customers can send an SMS by texting an SMS-capable number set up in Gladly. An Agent can then respond to that SMS.
2. An Agent can start a new Conversation or Contact via SMS.
3. An Agent can transition an email/chat/phone call to SMS or use SMS as another Channel to communicate (e.g., send a confirmation number) while using another Channel like Voice.
4. SMS API initiated message sent to Customers.

Inbound SMS opt-in and initial reply #

When Customers send an SMS to your company to ask questions or seek help, that’s considered an opt-in. They consent to receive a response by SMS by proactively reaching out first; however, the consent is for that exchange only.

Your initial reply to their SMS — whether through the auto-reply Rule or a manual Agent response — must contain your company’s name and opt-out language. For example:

Thanks for contacting Retalé. How can we assist you today? By texting us, you are opting-in to receive future messages or a phone call from Retalé at this number. Message & Data rates may apply. Reply STOP at any time to opt-out.

In Gladly, a Customer reaching out via SMS for the first time automatically makes their phone number SMSable by marking the SMS tag on their phone number. Still, it would be best if you do not initiate reaching out to the Customer via SMS unless you have explicitly provided information about opting in to receive support via SMS, which may mean receiving other kinds of communications in the future. In this case, your SMS initial reply via a Rule using a Messaging Answer should include a link to your Privacy Policy that contains information on how their phone number may be used for future communications. For example:

Hello! Thanks for contacting Retale. We’ll get back to you as soon as we can. By texting us, you consent to receive text messages from Retalé in the mobile number you used to text and you are opting-in to receive future messages or a phone call in the number you provided. Message & Data rates may apply. Reply STOP anytime to opt-out.

Always include your company name in the initial SMS reply to ensure your Customer understands that they have contacted and consented to the right company. Also, notice there is an opt-out keyword (STOP). You must always include an opt-out language in the initial reply. It’s easy for regulators to see, filter, and flag messages that do not have this type of language.

Subsequent replies #

You don’t necessarily need to keep your opt-out language in subsequent SMSes. For example, after receiving the initial response, “Hello! Thanks for contacting Retalé. We’ll get back to you as soon as we can. Message & Data rates may apply. Reply STOP to opt-out,” an Agent may then reply and say:

Agent: Hello, Chip! Thanks for contacting Retalé. My name is Gerard, and I’m happy to confirm that your order is ready for pickup.

Customer: Thank you!

Agent: Chip, I can confirm that your order is ready for pick up at the Union Square location.

In the example above, the subsequent replies did not need to include the opt-out language.

Outbound SMS #

Just because Customers have texted you in the past does not necessarily mean they permit you to message them later for other reasons. If you do, make sure your Customers are aware of your Privacy Policy which should contain information that you may use their information for future communications until they opt-out. Consult your legal team or seek legal assistance in defining your policy.

Opt-out of receiving SMS #

Customers can opt-out of future messages anytime by replying with an opt-out keyword like “STOP.” This opts them out of receiving messages from the phone number they opted out of. Customers must resubscribe to receive any SMS messages from the same phone number. Remember always to have an opt-out language in your initial text message.

SMS automation #

These are SMSes triggered via automation partners or by using the SMS API.

Automation partners #

Automation partners respond to inbound messages in which a Customer sending an SMS provides consent to receive support by SMS. But, the initial response to the SMS must contain your company’s name and opt-out language. For example:

Hello! Thanks for contacting Retalé. How can we help you? Message & Data rates may apply. Reply STOP to opt-out.

SMS API #

Only proactively sends SMS to Customers who have previously consented to receive texts from your company. Customers typically give consent if they have texted you in the past and have not opted out. Still, you should only proactively SMS Customers if they consented to receive your messages.

Outbound SMS opt-out #

Customers’ initial messages from automation partners or SMS API should contain your company name and an opt-out language. For example:

Thanks for joining Retalé messaging for Platinum Members! Get ready to shop till you drop with amazing deals for our Platinum Members. Message & Data rates may apply Reply STOP to opt-out.

Having your company name on the initial SMS response ensures your Customer understands that they have contacted and consented to the right company. Also, notice there is an opt-out keyword (STOP). You must always include an opt-out language in the initial reply.

IVR to SMS #

The IVR to SMS option allows Customers to transition from phone support to SMS. This option is typically presented to Customers in the IVR to reach an Agent.

Customers given the option to receive support by SMS through the IVR must explicitly be given the opt-out language, which would be through a recorded message or text-to-speech in a node. For example, your IVR menu recording may say:

To receive support through SMS instead, press one. By pressing one, you agree to receive messages from us from the number you’re calling from. Note that message and data rates may apply, and you may reply with the word STOP to opt-out of SMS communications at any time.

Upon opting in to receive support via SMS, include an opt-out language in the initial SMS sent to callers confirming their request to receive support via SMS. For example, the SMS auto-reply may say:

Thanks for contacting Retalé. How can we assist you today? By texting us, you are opting-in to receive future messages or a phone call from Retalé at this number. Message & Data rates may apply. Reply STOP at any time to opt-out.

Having your company name on the initial SMS response ensures your Customer understands that they have contacted and consented to the right company. Also, notice there is an opt-out keyword (STOP). You must always include an opt-out language in the initial reply.

Proactive SMS  #

Proactive SMS is a tool used to communicate with Customers via SMS in bulk, allowing you to send the same message to multiple Customers at once. Because it uses SMS, it’s bound by the same rules and regulations as other SMS Channels. 

You should only use Proactive SMS to communicate with Customers who have previously provided consent to receive other communications from you. Typically, consent is given if the Customer has previously reached out via SMS and has received your initial SMS response with the opt-out language and link to your Privacy Policy on how you may contact them for future communications.

Refrain from including recipients who don’t have a relationship with your company or have not provided consent.

The Messaging Answer used in each Proactive Campaign should contain an opt-out language. For example:

Your maintenance contract with Relaté is about to expire. If you’d like an extension, reply to this message so we can assist. Reply STOP to unsubscribe.

Having your company name on the message ensures your Customer understands who’s contacting them. Also, notice there is an opt-out keyword (STOP). You must always include an opt-out language in a Proactive SMS Messaging Answer. If they do opt-out, you will no longer be able to communicate through SMS until they opt-in again.