The Complete Guide to Opt-In Text Messaging Laws & Strategies

SMS Text Messaging Laws

Opt-in text messaging laws are among some of the most critical legal compliance any med spa marketing has to follow. You cannot send SMS marketing to leads that have not opted into the service, protecting them from spam. This also ensures that you have qualified leads that respond to your messages.

While the laws are straightforward, some new medical spas find themselves in trouble with a lack of compliance. Here’s everything you need to know about opt-in text messaging laws and finding the right strategy to get your patients and potential leads to agree.

Understanding Opt-In Text Messaging Laws

The legal guidance for opt-in laws varies depending on the country, with the United States following The Telephone Consumer Protection Act (TCPA) of 1991. This law has been bolstered by the CAN-SPAM Act of 2003, which covers any loopholes that the TCPA has due to the progress of technology.

The critical thing about opting in and out of SMS marketing is that the user must expressly consent to their inclusion within the mailing list. You cannot auto opt-in someone simply because they’ve visited your med spa an x number of times or filled out a form on your website.

No marketer can use scraped mobile numbers from the internet for marketing purposes. Every commercial message must also be identifiable marketing, and receivers should know how to opt-out or unsubscribe.

However, non-commercial entities, NGOs, and political candidates running for office can use verbal agreement as their opt-in. These policies are enforceable by law enforcement, which means businesses are liable under civil or criminal charges.

Some states, like California, offer stricter provisions like The California Consumer Privacy Act (CCPA). Outside the United States, the EU’s General Data Privacy Regulation Act requires similar protections under CAN-SPAM and extends to data gathering outside text message marketing.

Staying Compliant With Text Messaging Laws

The main point of opt-in is to ensure that your marketing complies with privacy laws and does not infringe on anyone’s privacy. This includes not being a nuisance by making repeat contact with the same person. 

The other grayer area is sustaining compliance. You cannot promote your med spa, get people’s phones by filling out a form, and expect they will still want to be contacted. The consumer could legitimately have forgotten that you got their details, so you need to include a consent clause that they can check.  

The simplest solution to remain compliant with opt-in text messaging is always asking for consent. Much like anything, consent is crucial in preventing lawsuits and angry customers. Simplifying opt-out can also ensure that you give customers every chance they have to quit your marketing.

Best Strategies To Opt-In SMS Marketing

Medical spas and other companies looking to communicate with customers with SMS marketing must first find the right strategy to gain permission. 

The simplest method is to ask your leads or customers if you can send text messages. This also includes clear language about which customers will receive messages and how. 

The lead must also confirm that they have opted in and that you can text them. This should include language about opting into specific messages and holding them liable if they don’t reply. Again, Aesthetix CRM makes this super easy to manage the opt-in/opt-out state of the contacts within our system.

Ensure that every SMS offers something of value to your leads. Keep your messages short and to the point, ensuring that you integrate ways to opt out to ensure consistent compliance.

Ensure Opt-In Compliance In Your SMS Marketing

With the rise of text and voice marketing, finding the right approach to regulatory compliance is now more critical than ever. While SMS marketing offers new opportunities for legal compliance and customer engagement, the onus falls on the company to ensure compliance.  

The different opt-in laws worldwide can affect where you can send your SMS, and you need to be careful when choosing opt-in practices. If you feel unsure whether your medical spa is compliant with your SMS opt-in marketing strategy, consult with the right marketing team who knows what works for you.