Regulatory compliance is complicated, convoluted, and straight-up confusing. It can overwhelm local campaigns and grassroots organizations.

We’ve experienced the headache firsthand; however, that’s one of the advantages of working with us. We take care of all that messy compliance so you can focus on your mission. Nonetheless, there is still a lot you should know.

So in this article, we’ll break down:

• What happens if you don’t follow compliance?
• What are the biggest factors for successful compliance?
• Do all automated SMS and robocalls require opt-ins from recipients?
• Does every message require an opt-out option?
• What is carrier registration?
• What are some minor, miscellaneous factors for successful compliance?

What happens if an outreach or marketing campaign doesn’t follow compliance?

If you don’t follow compliance, you risk statutory penalties, class action lawsuits, and much worse.

If you don’t honor the Telephone Consumer Protection Act (TCPA), the FCC can and will levy hefty fines. Violations could cost you $500 per unlawful call. If an organization knowingly makes these violations, then each call or text can cost $1,500 instead. That’s not including civil penalties, which can cost as much as $16,000 per violation.

During the 2020 presidential election, both the Sanders Campaign and the Trump Campaign were sued for sending “unsolicited automated text messages to mobile telephone numbers.” We’ll explain the rules of consent later on. Presidential campaigns can likely absorb the costs of class-action lawsuits. But for the average person like you or me, it could wreck our entire organization.

Finally, in our opinion, the biggest risk is reputational damage. Your reputation is almost impossible to earn back. If you violate your voters’ trust, how can you ever expect them to trust you again?

What are the biggest factors for successful compliance?

Overall, the most impactful regulations are express consent, carrier registration, and opt-out requests. Of course, there are some smaller, miscellaneous rules that we will cover.

Please note that some states and localities have additional regulations. We’re covering the federal regulations. So be sure to check in with your local authorities. For additional support, you can call or text us at 757-821-2121. Or email our legal team at legal@robocent.com.

Do all automated SMS and robocalls require opt-ins from all recipients?

Yes, all automated SMS and robocalls require prior, explicit consent from all recipients. You know when you buy from an online store and during the check-out, there are one or two check boxes? One normally says something like:

“I agree to receive promotional messages about offers and deals through SMS texting.” That’s how marketers get your explicit consent.

However, for political campaigns, there are some nuances.

In political peer-to-peer texting, where each message is manually sent by a real human agent, explicit consent is not required under federal law.

That’s why texting and phone banking are so powerful for any campaign. We have an entire article explaining text banking. Basically, you can use the voter data we’ve sourced to start the conversation. Many political campaigns utilize these banks to disseminate their initial message, which typically includes an opt-in for additional messages.

These rules do NOT apply to marketing. Even if you are a real person sending out marketing messages, you still need to gather explicit consent.

Does every message require an opt-out option?

Yes, every message, whether it’s a text or a robocall, must have an easy way for the recipient to opt out. That’s why political messages often have the “text STOP to stop receiving messages” at the end. We’ve also heard robocalls that say, “Press 9 to opt out.” Of course, you must also honor that opt-out.

What is carrier registration?

To reduce spam, U.S. wireless carriers require that organizations conducting mass SMS campaigns register their sending numbers and campaigns with them. If you don’t, then those carriers will assume your campaign is spam and employ anti-spam measures. This can block your outgoing messages, effectively stopping your campaign.

All you need to do is provide compliance documentation. You’ll need to explain the type of messages you are sending, ideally with specific examples. You will also need to share volume estimates, specifying the number of targets you are trying to reach, as well as your opt-in/opt-out procedures.

When you work with us as a partner, we take care of all that! Based on our experience, carrier registration can take anywhere from 5 days to several weeks to be approved. So, get started as early as you can in your campaign.

What are some minor, miscellaneous factors for successful compliance?

• Identification: Messages have to identify who is sending the message. “This is José from the ERA-ELA to discuss the upcoming referendum.” This also applies to robocalls; they must disclose the identity of the caller and the organization. Robocalls should also provide a callback number.
• 10DLC Registration: When sending messages from an application, it must use a carrier-approved 10-digit long code (10DLC).
• Robocalls and Landlines: Robocalls to landlines do NOT require prior consent. However, there are limits within a certain time period. You cannot send more than three calls within 30 days to the same landline. All Robocalls to mobile phones always require consent. If you still have a landline, that’s probably why you get so many telemarketing and spam calls.
• The National Do Not Call Registry: Marketers must adhere to the National Do Not Call Registry; however, political campaigns are exempt. If you’re receiving a lot of annoying telemarketing calls, you can add your landline or mobile number to the Do Not Call registry for free.
• Time Restrictions: TCPA guidelines mandate that contact can only be made between certain times set by the state. For example, in Louisiana, you can reach out between 8 AM and 8 PM, Monday through Saturday. However, no calls are allowed on Sunday or Holidays. Here is a PDF that outlines the rules for each state.

In short, compliance is a lot to keep track of.

When you partner with us, we handle compliance, saving you time, money, and headaches.

Let’s Make Compliance Easy!

Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult the official resources and seek legal counsel if necessary for complete and accurate information regarding specific regulations and practices.

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