{"id":60350,"date":"2025-10-09T08:00:01","date_gmt":"2025-10-09T15:00:01","guid":{"rendered":"https:\/\/newrcblog.wpengine.com\/us\/en\/blog\/?p=60350"},"modified":"2026-02-04T12:40:51","modified_gmt":"2026-02-04T20:40:51","slug":"navigating-sms-marketing-compliance","status":"publish","type":"post","link":"\/us\/en\/blog\/navigating-sms-marketing-compliance\/","title":{"rendered":"Navigating the evolving SMS marketing landscape with compliance in mind"},"content":{"rendered":"

The SMS and messaging landscape is dynamic and ever-changing, with new rules and regulations emerging to protect consumers and guide businesses in using this powerful communication tool responsibly. You may already be familiar with the Telephone Consumer Protection Act (TCPA), or recent rules and requirements<\/a> from industry bodies including carriers and CTIA, but did you know that states can create their own regulations?<\/p>\n

These state regulations, often referred to as \u201cmini-TCPAs\u201d govern how businesses may use SMS to communicate with their residents, and may apply even if the business is located somewhere else (for example, a business in California may have to comply with Texas messaging regulations when messaging residents of Texas).<\/p>\n

Today, a growing number of states (including Arizona, Florida, Maryland, New York, Oklahoma, Oregon, and Washington) are implementing or expanding their own law that go beyond the federal TCPA requirements. While these laws often overlap with existing standards from industry bodies\u2014such as securing consent and honoring opt-outs\u2014they may also introduce additional requirements that businesses must navigate.<\/p>\n

As such, it\u2019s important for your business to review all rules and regulations that may apply to how you are using SMS or other messaging formats.<\/p>\n

Please note that this is intended for informational <\/b>purposes<\/strong> only and not legal advice. This article is intended only to alert you of topics and areas of interest for you and your legal advisor to discuss.<\/b><\/p>\n

<\/a>Key areas to consider in state-level SMS regulations<\/b><\/h2>\n

Although state-specific laws can vary significantly, a few common requirements your business may encounter based on your location, recipients’ locations, and use case include:<\/p>\n

    \n
  1. Opt-out management<\/b>: Ensuring recipients can easily unsubscribe and having systems in place to honor opt-out requests promptly (for example, including language like \u201cReply STOP to opt out\u201d).<\/li>\n
  2. Consent to receive marketing<\/b>: Gaining clear and documented consent from recipients before sending SMS or other types of messages (for example, by having them sign up to receive SMS on your website through a clear call to action).<\/li>\n
  3. Quiet hours<\/b>: Restricting the times during which marketing messages can be sent, often limiting messaging to certain hours of the day (for example, from 8am – 8pm).<\/li>\n
  4. Maximum message frequency<\/b>: Adhering to limits on how frequently marketing messages can be sent to avoid over-messaging customers (for example, no more than 3 marketing messages a day).<\/li>\n
  5. Marketing registration with state authorities<\/b>: Registering your SMS marketing campaigns with state authorities when required (for example, your business may have to register with the Secretary of State, even if you are registered elsewhere).<\/li>\n
  6. Do not call (DNC) list compliance<\/b>: Scrubbing your contact lists against state-specific “Do Not Call” registries to avoid messaging prohibited numbers (remember, mobile carriers require consent before sending messages to anyone).<\/li>\n<\/ol>\n

    <\/a>Managing industry specific regulations<\/b><\/h2>\n

    In addition to general regulations, certain industries have specific compliance requirements to ensure the secure management of communications and sensitive data. For example, businesses in financial services must follow archival and compliance rules set by organizations like the SEC or FINRA to properly store and manage communications. Similarly, healthcare organizations handling protected health information (PHI) need to meet HIPAA requirements to ensure patient data is kept confidential and secure. Other industries may also have unique standards, making it essential for businesses to understand and adhere to these additional regulations.<\/p>\n

    <\/a>The importance of staying informed<\/b><\/h2>\n

    State-level laws often have nuanced differences, and some may exclude certain industries, organizations, or use cases from their scope. This means what applies in one state may not necessarily apply in another\u2014or it may apply differently. For this reason, it\u2019s critical that businesses consult with a legal advisor to determine the applicability of these laws to their specific operations. Understanding these laws isn\u2019t just about avoiding penalties; it\u2019s also key to maintaining customer trust and protecting your brand reputation.<\/p>\n

    <\/a>How RingCentral tools can help<\/b><\/h2>\n

    At RingCentral, we understand the complexity of SMS compliance, and we offer tools designed to support businesses in meeting their obligations.<\/p>\n