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Common Texting Compliance Issues

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Why Compliance Matters

What you don’t know CAN hurt you! As text marketing platforms like iZigg grow in size and scope, it is a priority that our customers understand how regulatory compliance can impact their accounts and campaigns. Text marketing is incredibly effective—but it’s also incredibly fragile. Keep compliance in mind as you create your campaigns and your business will thrive!

Issue One: Not Understanding REgulations

The US CAN-SPAM Act of 2003 is critical reading for mobile and email marketers. The act concerns commercial MMS and SMS programs subject to opt-out consent, and provides specific opt-out requirements. Although originally directed primarily at email marketers, the US CAN-SPAM Act of 2003 has been adopted by carriers and SMS providers like iZigg. The 2003 act acknowledges the Federal Communications Commission’s warrant (authority) over mobile messages. Like other platforms, iZigg advises our customers to adhere to the guidelines set by the FCC to protect their brands.

Issue Two: DUPLICATE CONTACT OPT-INS

Omni-Channel Marketing – marketing across multiple email, mobile, and web-based platforms – has many advantages. But it has disadvantages, too. All too often, consumers interacting with a brand on multiple platforms will opt in several times. And while this can be an advantage, putting your brand in front of your customers’ eyes multiple times, it can also harm your reputation. Make sure your marketing team is cross-referencing opt-ins from multiple sources, like keywords, web forms, and purchase orders. Remove duplicate opt-ins so that customers do not get bombarded with duplicate messaging. Or, even worse, continue to get unwanted messages after opting-out.

ISSUE THREE: Treating Opt-Ins as Universal

In the messaging world, we use the term “express written consent” to indicate that a customer has opted-in to specific types of messages from a brand. A single “yes” doesn’t extend to all services and communications! Don’t market in a way that is not disclosed during the opt-in process. For example, don’t send marketing messages for microwaves to a customer who has only opted-in to account balance alerts. Additionally, blanket approval can make opting-out difficult. If consumers opt-in for location-based offers, and you’ve blanked opted-in the customer to marketing alerts, they’ll be upset to see such texts existing after opting out.

ISSUE FOUR: Hidden Privacy Policies

Consent must be informed. Your email and SMS campaigns should contain explicit privacy policy. Any program terms, privacy policies and secondary policies should be stated upfront, and consumers should be frequently reminded of policy guidelines and limits. Text-based campaigns often continue for the life of a customer’s brand relationship. Over time, a company’s data and privacy policies may change. Be certain to update your marketing materials, websites, and other postings with new policies as they are written. Your fans deserve – and will appreciate – full disclosure from your brand.

ISSUE FIVE: Falling Behind INdustry Leaders

Speaking of privacy issues – in the last few years, consumers and government agencies have become more aware of privacy breaches by large technology platforms, like Microsoft and Facebook. These companies have, in response, become more transparent about the type of data they collect, and how it is used and shared. The decisions made by industry titans are often mirrored by other technology firms, and used as guidance in regulatory reform. In the texting world, social media companies like Facebook are the golden standard for privacy policies that we should emulate. As the marketing world aligns itself to the needs of modern consumers, new strategies and best practices will emerge. And iZigg is here to help our clients stay up-to-date.

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