SMS Compliance Considerations

Quiq Outbound Notifications allows customers the ability to send notifications to SMS recipients via a simple UI, or via API integration. The following are brief guidelines gathered as a working reference.

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⚠️ NOTE

Quiq advises that all users obtain guidance from legal counsel to ensure their own compliance when using outbound messaging.

TCPA

The Telephone Consumer Protection Act (TCPA) contains provisions for senders of these messages that our users should be aware of. This act has been amended to cover SMS messaging and require an opt-in for these messages. Additionally, the TCPA specifies that an existing business relationship is not sufficient to be determined as consent to receive SMS messages.

Opt In/Out

Outbound recipients must have specifically opted in to receive SMS messages. This is most often in conjunction with accepting terms and conditions of creating an account, signing up for a service, or managing contact preferences. Opt out must also be a simple process, and is most often executed by the recipient texting STOP to the sending number. Outbound messaging users should consider processing STOP messages, and update customer records to ensure the number is no longer the target of outbound SMS messages. Consult with Quiq support to ensure the default STOP processing provided by Quiq is augmented as needed to keep customer records up to date. A STOP message will automatically block any further messages from the contact point it was received on. Recipients must text START to resume receipt of Quiq messages.

Other Best Practices

Outbound messages should adhere to the descriptions cited when the user opted in. Privacy and communication policies should be available on the company website and easily found. Recipients who opt-in should be made aware of the potential for charges based upon their wireless plan, and their data plan if links are sent. Consider time of day when enabling automated text messages. Users often are amenable to messages sent during standard waking hours, but may not attend to those sent outside those times.

References

Data & Marketing Association compliance resources

CTIA messaging principles and best practices

CanadaOne CASL article

FCC TCPA consumer policy issues