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This post contains resources related to our live training [Special Session] US SMS Legal and Compliance 101.

During this session, we learn about SMS compliance and why it is critical, carrier restrictions and industry standards for SMS messaging, the important federal and state regulations to know and how Klaviyo helps to keep you compliant with our key compliance features. We aim to help you understand SMS compliance regulations, so that you feel equipped to send compliant SMS messages with Klaviyo.

Watch the recording of the latest session below: 

Key Learnings:

• SMS compliance is the adherence to legal, regulatory, and industry standards governing the use of Short Message Service (SMS) for communication, particularly in marketing.
• The CTIA is a trade association that represents the wireless industry in the US and publishes best practices and audit standards for SMS and MMS messaging. It’s key components include: 
  • Consent and opt-in requirements
  • Opt-out mechanisms 
  • Message content and frequency guidelines
• Mobile carriers also have their own codes of conduct and requirements which include:
  • Required disclosures in CTAs
  • Avoidance of SHAFT content
  • Honoring opt-out requests
• The FCC is a key federal agency in the United States that enforces federal telecom laws, such as the TCPA, and releases guidelines about how to comply with those laws
• The TCPA regulates and restricts outbound calls/texts (informational and promotional) sent by autodialer and contains several requirements that include: 
  • Express written consent
  • Easy opt-out request
  • Quiet hours
• Many states also have their own “mini” versions of the TCPA to regulate telephone marketing that are more restrictive than the TCPA. The important states to know are Florida, Oklahoma, Washington, Connecticut, New Jersey, and Maryland.
  • Florida, Washington, Oklahoma, Connecticut, New Jersey, and Maryland have longer quiet hours from 8am-8pm
  • Florida, Oklahoma, and Maryland have a stricter sending limit of 3 messages per 24 hours. 
• Klaviyo has several key compliance features that help you remain compliant, which include our:
  • Built-in features: opt-in and opt-out management system, litigator scrub, review of reassigned numbers
  • Default features: smart sending, quiet hours and disclosure language
  • SMS set-up: toll free/short code number registration and mobile terms of service template

SMS Compliance checklist:

• Review your sign-up disclosure language to ensure that to meets all requirements for a compliant disclosure
• Understand how to navigate your Klaviyo profiles to view opt-in and opt-out history
• Review and update your privacy policy and mobile terms of service
• Review and update your quiet hours and smart sending settings
• Ensure that message content meets all legal and ethical guidelines

Klaviyo Help Center articles: 

Legal resources

• Understanding US SMS compliance laws
• Understanding Oklahoma’s mini-TCPA
• Understanding Florida’s mini-TCPA

Compliant consent collection and maintenance

• Understanding SMS consent collection
• When Klaviyo removes SMS consent automatically
• Understanding profiles in Klaviyo

SMS compliance best practices:

• Basics: SMS compliance
• Basics: SMS best practices 
• How to create a mobile terms of service in Klaviyo
• How to set up your SMS disclosure language
• Example of SMS disclosure language
• Understanding SMS and MMS prohibited content
• SMS privacy policy best practices
• How to clean SMS lists
• Understanding Smart Sending in Klaviyo
• Understanding your SMS settings
• Understanding SMS and MMS quiet hours in flows
• How to change your quiet hours settings for SMS flows
• Understanding age-gating alcohol with Klaviyo
• Understanding content age-gating for SMS