This article on SMS compliance is brought to you in conjunction with our partners at Iterable.

Why SMS Compliance Matters For You

SMS compliance is a constantly moving target, and we’re here to bring you up to speed on the latest: compliant pop-ups.

What happens if you’re not compliant? Non-compliant brands are at risk of having message sending blocked by carriers, or worse, fines*?  

This rules apply to merchants of any size, and we want to help you prevent any issues before they happen so you can focus on growing your business.

*Violations can result in class-action lawsuits with fines starting at $500 and going up to $1500 per customer for every text message sent. In addition to the legal repercussions, you will also have to deal with the backlash from your consumers if you do not respect their right to privacy. (source)

Here’s a more technical look at what staying compliant looks like:

What’s The SMS Compliance Update?

  • Email and SMS capture can be on the same screen, but the consent checkbox should be separate for each
  • SMS field must be optional. There are exceptions for certain types of informational use cases. Check with your legal team.
  • The pop-up must be dismissable (must be able to close at all times)
  • The consent checkbox for SMS should always be optional
  • The pop-up must include compliant opt-in disclaimer language, with links to both your Terms of Service (ToS) and Privacy Policy

Translation: your Justuno SMS capture can either be a multi-step capture or you can capture email and SMS on the same screen

This is an industry-wide regulation; these policies are not driven by any specific SMS provider, and they will affect every SMS platform.

How To Set Up Compliant SMS Pop-Ups

Step 1: Turn off your non-compliant pop-up(s)

Step 2: Build a one step, or multi-step lead capture pop-up. Consider asking a question to gather helpful zero and first party data for additional targeting.

To save you some time, we made templates for each email and SMS capture variation, which you can view live examples of here.

Step 3: Connect your SMS and/or ESP providers, then customize the design to your branding.

Step 4: Add compliant opt-in disclaimer language and links:

*I agree to receive recurring automated marketing text messages (e.g., cart reminders) at the phone number provided. Consent is not a condition to purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for help and STOP to cancel. View our Terms of Service and Privacy Policy.)

Make sure to add the links to your own Terms of Service & Privacy Policy!

Step 4: Turn on your compliant pop-up and start capturing new SMS contacts

If you’d like further consultation on SMS compliance, we’ll direct you to our SMS partner and experts in compliance, Iterable.

Want To Learn More About SMS Marketing?

Need to improve opt-in rates? Sign up for a custom audit or watch the video below to see how Justuno and Iterable work together to supercharge Email and SMS campaigns.

If you’re currently using Iterable for your SMS solution, reach out to your strategist for more details on testing capture strategies!