Automated message
When using text messaging, an automated message refers to a message sent to one or multiple recipients using an automated text messaging platform. Whether the message content is created manually or generated automatically, it is considered an automated text message if it is sent through an autodialer platform.
For marketing purposes, automated text messages are subject to the same regulations and requirements as calls made using an autodialer. This means that the rules governing consent for automated calls also apply to automated text messages.
Businesses must comply with relevant consent rules such as the TCPA (Telephone Consumer Protection Act) when sending automated text messages. This usually involves obtaining prior express consent from the recipients before sending such messages. The consent rules aim to protect consumers’ privacy and give them control over the communications they receive, regardless of the medium used — whether it’s a phone call or a text message.
However, the FCC (Federal Communication Commission) has defined specific regulations for text messaging:
- Consent: Before sending text messages for marketing purposes, businesses must obtain the consumer’s explicit written consent as required by the FCC. For informational purposes, regular express consent is sufficient. Consent must be unambiguous, voluntary, and not contingent upon any purchase obligations from the consumer.
- Opt-out: Text messages should include a simple method for recipients to opt-out by providing a reply keyword (e.g., “STOP,” “opt-out”) to unsubscribe from the service.
- Identification: Text messages must clearly indicate the sender’s identity or the business on whose behalf the message is being sent. This can be achieved by including the sender’s name, contact information, or a recognizable brand name.
- Frequency and content: Text messages should not be sent excessively or in a manner that could be seen as harassing or abusive. In addition, the content of the messages must not be misleading or deceptive.
- Emergency messages: The FCC grants exemptions for emergency messages, such as those related to public safety or health alerts. Although prior consent may not be required for these messages, recipients should still be given the option to opt-out if they choose to do so.
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