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Text Messaging Compliance and Regulations
Text Messaging Compliance and Regulations

Overview of federal text messaging compliance and regulations.

Training BLVD avatar
Written by Training BLVD
Updated over 2 months ago

New mobile carrier regulations require businesses to include SMS opt-in language on their website wherever phone numbers are collected. Boulevard is assisting customers to be compliant with new laws from the mobile carriers that take effect 9/1/23. Please review and reach out with questions. We're here to help.

Overview

Boulevard Messages, accessible from the Messages tab in your dashboard, offers the ability to stay connected with clients through two-way text messaging and a custom booking line. When text messages are sent between businesses and clients, these messages are considered to be “Application to person” (A2P) messages, and as such, these messages are regulated by an independent reputation authority called The Campaign Registry (TCR). To ensure that your text messages are within compliance with state and federal regulations, Boulevard registers your custom booking line with The Campaign Registry.

Registration Process

In order for your booking line to be registered with The Campaign Registry, Boulevard provides your business details such as company name, address, employer identification number (EIN) or tax ID, phone number, and website address.

Once your business information is accepted, we create a “campaign” for your messages. There are several rules in place regarding approving a campaign - The Campaign Registry checks several components, including a business’s website to ensure best practices around collecting phone numbers, and checking for disallowed content.

Requirements for compliance:

As of October 2023, the following is required for registration compliance:

  • It is mandatory for your website to have a Privacy Policy which clarifies that an end user’s Personally Identifiable Information (PII) will not be shared or sold to third parties for marketing purposes.

  • If your website collects visitor phone numbers via a web form, the form must have a disclaimer that clearly outlines the purpose of collecting the phone number, the intended use of the form data, and explicitly requests a visitor’s consent to proceed. The phrase “Message & Data rates may apply” must be included in the SMS disclosure.

Registration Errors

It’s possible that when we are attempting to register your business with The Campaign Registry, we receive feedback that errors have been found that need to be corrected.

When we receive these errors, we will reach out to you when adjustments are needed, and we ask that you make these adjustments as soon as possible, to ensure you have continued access to text messaging.

Below please find information on the different types of errors that may be received, and what you need to do to correct them.

Registration Error Types

Brand Verification Issue

The Campaign Registry is checking business information against your business’s state license. If the information we have received does not match your state license, we will reach out to you to provide updated information.

For example, you might call your business Abundant Salon, but the name registered with your state is Abundant Salon, LLC.

Brand Verification Issue: How to Resolve

We’ll need the exact name, address, and employer identification number (EIN) or tax ID that is included in your state business license. You will receive an email from Boulevard with a link to a form to provide your correct information. You will need to fill out the form with your correct business information.

Please note: If you have more than one employee, you will need provide TCR with your employer verification number (EIN). You can find this number on your IRS confirmation letter, business tax returns, or payroll documents.

CBD Content Violation

The Campaign Registry will check your website to ensure that there is no mention of disallowed content, in this case, references to CBD or cannabis/marijuana-related products and services. Because these substances are illegal on a federal level, part of your service agreement with Boulevard outlines these as restricted.

Your website cannot include any mention of CBD or cannabis/marijuana-related products and services, as well as links to other websites that might include this content.

CBD Content Violation: How to Resolve

Cannabis/marijuana and CBD-related products and services must be removed from your website. This includes links to other websites that reference CBD/illicit materials.

You will receive an email from Boulevard with a link to a form to confirm this content has been removed, and the link to your website. You will need to fill out the form.

Non-compliant opt-in on website

If you are collecting clients’ phone numbers on your website via web forms, you need to include language that indicates your clients’ explicit consent to receive SMS communications from your business. This language must also state how clients can opt out. This language needs to be included on any page of your website where a client's phone number is collected.

Example language: “By entering your phone number, you are agreeing to receive text messages from us. Message & Data rates may apply. You can reply STOP to opt-out.”

Example of a compliant site:

You will receive an email from Boulevard with a link to a form to confirm you have updated your website to include this language and the link to your website. You will need to fill out the form.

Website Validation Issue

This error is triggered by a failure to validate your website, due to one or more of the following:

  • Your domain is expired

  • Your website is under construction or incomplete, for example–it says “coming soon”

  • The website URL provided does not load at all or is not secure, using HTTP instead of HTTPS

  • Your website does not include information about your business–i.e. Missing an “About Us” or “Contact Us” page

  • Your website contains broken links

Website Validation Issue: How to Resolve

Ensure your website is not expired, is not under construction, and does not contain broken links. Also, ensure your website includes information about your business by way of an “About Us” or “Contact Us” page.

Once these items have been reviewed and resolved, please provide us with your updated website link for your business.

  • If the website we have is under construction or says “coming soon” you can provide a different website URL for your business, or update your website to remove the “coming soon / under construction” language.

  • If the website we have does not load or is using HTTP instead of HTTPS, you can provide a different website URL for your business, or you may want to reach out to your web developer to get this issue resolved.

  • If the website we have does not include information about your business, you can provide a different website URL for your business, or you may want to update your website to include details about your business.

You will receive an email from Boulevard with a link to a form to provide a new website URL. You will need to fill out the form.

If you have any questions, reach out to verification@blvd.co

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