Please take notice, that there are new rules and regulations taking place, which pertain to SMS marketing in the United States and the European Union.

If you do business in America, a summary of the new Federal Communications Commission (FCC) rules and regulations are presented below.

If you do business in Europe, a summary of the changes related to this region can be found by clicking here

Please notice, that the Federal Communications Commission (FCC) has new rules and regulations surronding SMS marketing, that will go into effect on October 16, 2013.

EFFECTIVE Oct 16th, 2013 the FCC will be enforcing the new Telephone Consumer Protection Act (TCPA). It will change the way your subscribers in the United States opt-in and any violations will trigger hefty fines so please read below.

Here are the new rules:

All SMS and VOICE opt-ins, no matter what method used to opt-in, must require an AGREEMENT to receive any communications from you. This means that when someone opts-in to your campaign via text, phone or a web form an AGREE message will automatically be sent out before any of your SMS messages. Once your subscriber replies with the word “AGREE” your messages will be sent. When an “AGREE” reply has been recorded all future messages to that subscriber will be sent out with no additional requirements.

Applies to existing subscribers:

This new regulation also applies to your existing subscribers. A previous business relationship will not exempt you from requiring an AGREE message to be received. This means that if you are sending an SMS message to a previous subscriber they will first receive an automated AGREEMENT message, then after they reply with AGREE your SMS message will be sent.

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