Text messages are the fastest way to reach a customer, and the most regulated. Before you automate any texting, know the basics. This is general information, not legal advice.
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Why it is regulated
In the United States, business texting is governed by federal law (including the Telephone Consumer Protection Act), by state laws that can be stricter, and by mobile carrier rules. Penalties for getting it wrong can be significant, so it pays to be careful.
The core habits
- Get and keep consent. Know how each customer agreed to receive texts, and record it.
- Honor opt-outs immediately. When someone replies STOP, stop, and keep a record.
- Identify your business in the message.
- Mind the clock. Avoid texting late at night or very early in the morning.
- Keep marketing out of service messages. Rules can differ depending on content and purpose.
- Register your number if your texting provider and the carriers require it. Registration can take time.
Automation changes the speed, not the rules
An automated text is still a text. If a missed-call reply or a reminder goes out, the same consent and opt-out expectations apply. See what missed-call text-back is.
Health and sensitive information
Texts that mention appointments or treatment can reveal health information. Practices should get advice from a qualified privacy professional before automating any patient messaging. See the privacy checklist.
Get it checked
Rules vary by state and change over time. Confirm your consent process and message wording with a qualified attorney or your texting provider before you switch anything on.
Common questions
Is a reply to someone who just called the same as marketing?
Not necessarily, but it depends on the content and the circumstances. Confirm with a qualified professional.
Can I text anyone in my customer list?
Only if you have appropriate consent for that kind of message. Check before you send.
Want help putting this into practice? See our front-office automation service or request a free read.
This article is general information for small-business owners, not legal, financial, medical or professional advice. Rules and platform policies change; confirm anything that matters with a qualified professional.
Texting, calling and review rules (including consent and opt-out requirements) vary by state and by platform and change over time. Confirm your process with a qualified attorney or your service provider before switching anything on.
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