What are the laws pertaining to businesses texting?
By using SMS Factory, you are required to know about and follow the laws. The TCPA laws in the United States govern texting rules. Some of the basics (but not all) are:

  • You must have consent to text someone (verbal consent is not enough—they must text you or give written consent)
  • Include a STOP or OPT-OUT message at the end of your text
  • You must honor the opt-outs every time, all the time
  • Don’t text between 8 pm and 8 am

It is illegal to buy lists of phone numbers and text them and is in direct violation of the terms of use for SMS Factory. If you have any questions about the legality of your texting strategy, we suggest you contact an attorney and seek a formal opinion. SMS Factory is not liable or responsible for your compliance with TCPA laws or any other applicable laws that may apply in your area.

Is double opt-in required for TCPA laws?
No, there is no specific language in the TCPA that states a double opt-in is required. If you need a double opt-in option, you simply need to create a second ‘Custom’ opt-in auto-responder to create the second layer of opt-in authorization.

What’s the difference between the opt-out and opt-in?
Opt-In means that your contact has agreed that they want to be contacted for more information or response from you. This can happen by importing a list of current customers or advertising to ask people to join your contact list by typing a keyword to your designated phone number or virtual number.

The platform has an opt-out system and will handle removing people from the list for you. If they text you messages “stop” the app will automatically remove them from the system and send them an automated notification that they have been removed.

You can select which message they will receive in response to their request to be removed from further contact. Sometimes people may respond to the automated message and they will be opted back in which will cause them to receive more messages from you. You may need to re-check that they are in the opt-out group.

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