January 11, 2024 // Product
In order to maintain Ten Digit Long Code (10DLC) compliance, companies sending SMS messages to customers are required to explicitly ask the recipient for permission to do so by asking them to opt-in. Senders must also be clear about what kind of message is being sent, the purpose of the message and the frequency.
Sending unwanted messages to customers can result in heavy fines and costly lawsuits. To protect against these lawsuits and fines, it’s advisable to document in writing a list of opt-ins and opt-outs. Beyond the legality of requiring opt-ins, If a number receives reports of spam messages, or the opt-out rate is exponentially higher than the industry average, carriers will start blocking the messages.
At any given moment, a company should be able to give details about when and how customers opted in. If the customer has opted out, their number needs to properly be removed from the system.
Below is a helpful list of what should documented, according to 10dlc.org:
Double opt-in means a person opts-in and then, subsequently, confirms that they have opted in to receive messages from a campaign by responding to a confirmation request text message.
Double opt-in is not required under 10DLC, but it is highly recommended. In theory, if you have a customer base that wants to get those messages, it is in your interest to maintain a double opt-in flow because you want to make sure they truly do want to receive your messages.
If, at one point in time, 10DLC requirements change, or you get a lawsuit alleging unwanted messages, your double opt-in flow can be a great source of protection. Why? It’s hard to prove a customer didn’t opt in if they opted in twice.
Just because someone has opted in, it does not mean they are giving their permission to receive messages indefinitely. For example, if a customer agrees to receive shipping alerts, their opt-in gives the sender permission to only send messages that pertain to that transaction. The sender cannot keep texting the customer after the shipment has been delivered.
If a customer subscribes to automated messaging, it must be made clear for how long they will be receiving messages. If they were led to believe that the messages would last for two weeks but the messages last for two months, the sender is liable for punitive action. It is appropriate to ask customers to opt-in for an indefinite period of time.
Voxology makes it easy to set up automated opt-in and double opt-in SMS flows.