marketingskills/skills/sms/references/compliance.md

# SMS Compliance Reference

Comprehensive compliance reference for SMS marketing across major jurisdictions, opt-in copy templates, and STOP/HELP response templates.

> This is operational guidance, not legal advice. For high-volume programs (50K+ subscribers) or any program with non-trivial revenue, run your compliance setup past a TCPA-experienced attorney.

---

## United States — TCPA

### What it is

The Telephone Consumer Protection Act (1991, amended) regulates marketing calls and texts. The FCC enforces it; private plaintiffs sue under it. Statutory damages: $500–$1,500 **per message**. Class actions easily reach 7–8 figures.

### Consent tiers

| Type | What it covers | How to capture |
|------|---------------|----------------|
| **Express written consent** | Marketing SMS (sales, promotions, offers) | Checkbox + clear disclosure language, captured electronically with timestamp |
| **Express consent (non-written)** | Informational/transactional (delivery, account alerts) | Phone number provided during transaction with awareness it'll be used to text |
| **Established business relationship** | NOT sufficient for marketing SMS | Doesn't apply |

### Express written consent requirements

The opt-in flow must capture all of:

1. The recipient agreed to receive marketing SMS from your brand
2. The recipient understands consent is not a condition of purchase
3. The disclosure showed frequency expectation, message and data rate notice, STOP/HELP instructions, terms link
4. The agreement was electronically recorded with timestamp

### Opt-in disclosure template (compliant)

```
By signing up via text, you agree to receive recurring automated promotional and
personalized marketing text messages (e.g., cart reminders) from [Brand] at the
cell number used when signing up. Consent is not a condition of any purchase.
Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates
may apply. View [Terms](link) and [Privacy](link).
```

Place this **directly adjacent** to the phone number field and submit button. Do not bury it in a footer.

### Quiet hours

- **Federal**: 8am–9pm in the recipient's local time zone
- **Stricter states**: Florida (8am–8pm), Oklahoma (8am–8pm), Washington (8am–8pm)
- **Carrier-recommended**: 9am–8pm recipient-local
- **Practical default**: 9am–8pm recipient-local for safety

Time zone is determined by area code, but area codes lie (people move). Major platforms (Klaviyo, Postscript, Attentive) handle this automatically; verify yours does.

### STOP/HELP handling

**STOP variants you must honor**: STOP, END, CANCEL, UNSUBSCRIBE, QUIT, STOPALL, OPTOUT

**STOP response** (after STOP received):
```
You're unsubscribed from [Brand] alerts. No more messages will be sent. Reply HELP for help.
```

**HELP variants**: HELP, INFO

**HELP response**:
```
[Brand] alerts: For help, visit [URL] or email [support@brand.com]. Msg & data rates may apply. Reply STOP to cancel.
```

**Critical rules**:
- Honor STOP **within seconds**, every time, every keyword variant
- Do not require the recipient to log in or visit a website to opt out
- One STOP confirmation is allowed; do not send additional messages after
- HELP responses do not count as marketing messages and are not subject to quiet hours

### Sample TCPA-compliant footer language by sequence type

- **Opt-in confirmation**: "Reply HELP for help, STOP to cancel. Msg & data rates may apply." — required
- **Recurring promotional**: "Reply STOP to opt out" — required quarterly minimum; carrier-recommended every send
- **Transactional**: Not required by TCPA but carriers expect it; include for safety

---

## United States — A2P 10DLC

### What it is

Application-to-Person 10-Digit Long Code registration, run by The Campaign Registry (TCR). Required for businesses sending SMS through 10DLC numbers (regular long codes) since 2022. Carriers (T-Mobile, AT&T, Verizon) enforce this; unregistered traffic gets throttled or blocked.

### Registration components

1. **Brand registration**
   - Legal entity name, EIN, business type
   - Trust score assigned (Standard or Verified)
   - Higher trust = better throughput, lower fees

2. **Campaign registration** (one per use case)
   - Use case: Marketing, Account Notification, Customer Care, Public Service, Higher Education, Polling and Voting, 2FA, Delivery Notification, etc.
   - Sample message text (must match what you actually send)
   - Opt-in flow description and screenshot
   - Opt-out language
   - Help message language
   - Volume estimate

3. **Phone number assignment** to campaigns

### Throughput tiers (varies by carrier and trust score)

| Trust score + use case | Throughput |
|------------------------|-----------|
| Verified brand, marketing | 75–100+ msg/sec |
| Standard brand, marketing | 4–10 msg/sec |
| Unregistered | 0.1 msg/sec or blocked |

### Common rejections

- Sample message text doesn't match actual sends
- Opt-in flow screenshot doesn't show required disclosure language
- "SHAFT" content (Sex, Hate, Alcohol, Firearms, Tobacco) without explicit use case
- Generic or vague campaign descriptions

**Process time**: 1–7 business days. Plan for this in launch timelines.

---

## EU / UK — GDPR + ePrivacy Directive

### Consent requirements

- **Explicit opt-in**: clear affirmative action (no pre-checked boxes)
- **Specific**: opt-in must be for marketing SMS specifically, separate from generic ToS
- **Informed**: data subject must know who's processing and why
- **Freely given**: can't be bundled with service access

### Mandatory provisions

- Sender identity in every message
- Easy opt-out in every message
- Right to access data (DSARs)
- Right to deletion
- Records of consent kept for the duration of processing + statute of limitations

### Penalty exposure

GDPR fines up to €20M or 4% of global revenue, whichever is higher.

---

## Canada — CASL

### Consent

- **Express consent**: explicit opt-in (same standard as US TCPA express written consent)
- **Implied consent**: existing business relationship within 24 months — limited use, expires

### Every message must include

- Sender identification (legal name + any operating names)
- Mailing address
- Phone, email, or website contact
- Unsubscribe mechanism that works within 10 business days

### Penalty exposure

Up to CAD $10M per violation. Enforced by the CRTC.

---

## Australia — Spam Act 2003

- Express or inferred consent (inferred has narrow application)
- Sender ID required
- Functional unsubscribe required
- Enforced by ACMA

---

## Multi-jurisdictional programs

If you send across US + EU + Canada simultaneously:

- Default to the **strictest** standard across all jurisdictions (US TCPA express written consent + GDPR explicit opt-in)
- Track consent jurisdiction per subscriber
- Default quiet hours to recipient-local 9am–8pm
- Include all required identifiers in every message

---

## Audit-ready compliance checklist

- [ ] A2P 10DLC registration complete (US, if applicable)
- [ ] Opt-in flow includes all required disclosures, adjacent to phone field
- [ ] Disclosure text matches A2P registered sample messages
- [ ] Opt-in event captures: timestamp, IP, page URL, exact disclosure shown
- [ ] STOP/HELP keywords honored across all variants
- [ ] Quiet hours enforced at platform level (recipient-local time)
- [ ] Privacy policy includes SMS section
- [ ] Terms of service include SMS terms
- [ ] Consent records retained per applicable law (typically 4+ years US, longer EU)
- [ ] Process for handling DSARs (EU) and consent revocation
- [ ] Sender identity in every message
- [ ] Compliance footer on every promotional message (recommended) or quarterly minimum (required)
- [ ] Test STOP/HELP from a real phone number quarterly to verify it still works