Text Messaging Legal Considerations
Text message marketing must comply with select telecommunication laws in order to protect recipients' data privacy:
Telephone Consumer Protection Act (TCPA)
As one of the most prominent federal laws regarding SMS text marketing in the United States, the TCPA requires vendors to obtain written consent from recipients prior to sending them marketing texts. Once permission is granted, your first text message to prospective students must include the following information:
- Company name (one of four Pepperdine graduate schools)
- Message frequency (how many texts may be received in a month)
- Value propositions (nationally recognized programs)
- Mention of SMS carrier fees (standard data rates may apply)
- Instructions for opting out (reply "STOP" to opt out)
- Instructions for receiving additional details (links to specific landing pages)
Consent must be reacquired every 18 months.
General Data Protection Regulation (GDPR)
If you plan to contact recipients who reside in Europe, GDPR compliance is required for sending text messages.
California Privacy Rights Act (CPRA)
The CPRA allows law enforcement agencies to direct California-based companies to retain a consumer's personal information for 90 days, even if the consumer has requested that the information be deleted sooner.
Privacy and Electronic Communications Regulations (PECR)
Working in tandem with the GDPR, the PECR requires that all marketing text messages are delivered fairly, securely, and responsibly.
Failure to adhere to current federal and state laws regarding SMS text messages may result in a penalty of $500 per incident.