Chapter 1

Marketing made to ensure SMS meets requirements

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SMS, MMS, and RCS

If you want to get close to your customers, it’s hard to beat marketing to them through the following messaging channels:

  • Short Message Service (SMS): The common text messages sent to our mobile phones.

  • Multimedia Messaging Service (MMS): Used when a text message includes items such as graphics, pictures, videos, etc. 

  • Rich Communication Services (RCS): A new, advanced messaging protocol that includes features such as branding, interactive content like scrollable carousels, call-to-action buttons, and more.

These are high engagement channels with a 98% open rate, and industry studies show 90% of users will read their messages within three minutes of delivery. For the rest of this guide, we’ll use “SMS” as a term that refers to any of the three aforementioned channels.

You can use SMS for every type of marketing program, from welcoming new subscribers and conducting surveys, to sharing promotional discounts and driving customer loyalty campaigns. And as a near-real-time communication channel, SMS generates a great ROI

However, compliance around SMS is strict, and each country has its own rules, carrier policies, and regulatory bodies. Plus, unwanted SMS messages are not only ineffective and prohibited by providers, but also often illegal. 

Red graphic with text 90% of users will read their messages within three minutes of delivery
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Looking for reliable guidance on consent and compliance?

Twilio provides SMS regulatory and compliance information by country, from Afghanistan to Zimbabwe.

Top 5 SMS compliance tips

You can only send SMS texts to users who have actively opted in, and you’re responsible for proving you have permission.

For example, “Text STOP to opt out” or “Reply Stop to cancel”. CTIA regulations say you should also read and act on opt-out requests using words other than the standard “STOP”, such as “end”, “cancel”, “quit”, or “unsubscribe” by using solutions such as Twilio’s Advanced Opt-out for Messaging Services. Finally, don’t forget to send an opt out confirmation message.

Businesses are barred from sending SMS messages to recipients who reside in various regions around the world on certain dates and times. In general, only send marketing messages between 8 a.m. and 8 p.m. in the local time zone. 

These include providing adequate identity documentation to carriers or a local enforcement agency. Twilio provides phone number Regulatory Requirements by country, from Algeria to Vietnam here

To avoid (TCPA) penalties in the U.S. use services such as Lookup Reassigned Number to identify previously opted-in numbers that have changed owners.

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Want more guidance on regulations? Find it here

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Review the Messaging Principle and Best Practices guide from the CTIA, which represents the wireless telecoms industry in the U.S.

TCPA is a federal statute enacted in 1991 designed to safeguard consumer privacy. This legislation restricts telemarketing communications via voice calls, SMS texts, and faxes.

CASL applies to all electronic messages (email as well as texts) your organization sends for the purpose of a commercial activity. It requires all Canadian and global organizations to receive consent from recipients before sending commercial electronic messages within, from, or to Canada.

The GDPR applies in all European Union (EU) member states. It’s an EU law regulating how organizations must handle personal data safely and appropriately. Under GDPR, data processing must have a clearly defined purpose, personal data must only be stored for as long as necessary, and its use must respect the rights of individuals.

This 2023 Act requires consent to be given before personal data is processed and gives consumers the right to access, update, correct and erase their information. Businesses must create data collection purpose limitations, provide clear notice of data collection and adhere to mandated security safeguards.

Twilio’s SMS API in action

Twilio Programmable Messaging helped financial services platform Hearsay navigate complex regulatory requirements to deliver a safe and effective enterprise SMS program, bringing advisors even closer to customers. 

  • Hearsay needed a solution to build channels for new calls quickly and compliantly—enabling remote workers for banking, wealth management and insurance organizations to safely serve customers using their own devices, meeting regulatory requirements from any global location.

  • Each agent has a unique branded number, making them easily recognizable to customers, and proxied phone numbers anonymize conversations for compliance and privacy. 

  • Using Twilio Programmable Messaging and Voice API, Hearsay delivered a scalable multi-channel offering to more than 200,000 financial advisers, increasing client engagement by 7X and new business conversion by 37% while fulfilling complex regulatory requirements.

“Complex regulatory requirements meant that most of our customers did not previously have an enterprise SMS program in place. Working with Twilio allowed us to quickly deliver this channel. When you think about the impact on communication, it’s been a paradigm shift for our customers.”

Steven Latow Platform Team Lead
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Get the blueprint for SMS marketing

This ebook provides the information you need to:

  • Develop a comprehensive SMS marketing strategy
  • Capture consent
  • Create effective campaigns at each stage of your customer journey

Follow these SMS marketing best practices to increase your success today.