SMS Marketing

Is SMS Marketing Legal? Learn More About SMS Regulations

sms marketing

This is the part that no one wants to talk about. If we’re honest, most people want to cut corners and do whatever it takes in order to make their job easier. But not Trumpia, which is the leading SMS Texting service that provides advanced automation. When it comes to SMS marketing, knowing and understanding crucial laws will save you so much time and free you from any issues later. Remember, collecting information and data without any proper disclosure is illegal, and makes you and your business lose credibility. Here are three of the most important SMS regulations to consider:

1. Telephone Consumer Protection Act (TCPA)

The TCPA ensures that businesses cannot send messages to subscribers without their consent, even if they have access to their phone number or have a pre-existing relationship with them.  

You need explicit, written consent that is documented for later confirmation. Luckily, Trumpia actually handles gathering messaging consent for you, and provides free opt-in and opt-out messages.

2. Cellular Telecommunications Industry Association (CTIA)

The CTIA is a trade association that represents the wireless communications industry within the United States. They are mainly in charge of making sure that clients are complying to consumer codes which include various principles, disclosures, and practices of wireless services provided to individual consumers. These include any messages that incorporate voice, text, and other data services.


The CAN-SPAM Act ensures that unwanted, repetitive messages cannot be sent to subscribers, such as spam messages. In fact, businesses are required to be identifiable in order to be able to send text message advertisements. 

How to Send Compliant Messages

While these three are the most comprehensive and important text messaging laws to consider, you need to make sure that your SMS marketing strategy is compliant with every law out there. In order to do so, follow these steps in order to create effective and correct campaigns. 

Get Consent: Consent to receive text messages from a business or organization must be explicit, transparent, and thorough in order to be considered valid. Forms, sign-up pages, and follow up messages are all provided by Trumpia. Here are some ways to get subscriptions:

Confirm Opt-Ins: As soon as a potential subscriber texts to opt-in, you should send a confirmation message in order to communicate clearly to your customer. This can even be an automated message that sends without you having to do anything. Include the following: 

  • Purpose of campaign
  • Organization’s identity
  • Information about opt-ing out
  • Terms and conditions
  • Information about personal data

Make sure that you are following these laws and guidelines! If you have any questions, please feel free to reach out to our dedicated Account Managers today!