Are Purely Informational Texts Exempt from Consent Rules?

Type: Blog
Topic: Do Not Call Solution

Yes, purely informational texts are generally exempt from certain consent rules under regulations like the Telephone Consumer Protection Act (TCPA). However, this exemption applies only when the texts strictly provide non-commercial, non-promotional information, such as appointment reminders or emergency alerts. If a message contains any promotional content, it no longer qualifies as purely informational and requires express consent.

Businesses managing informational and promotional messaging must tread carefully to stay compliant. PossibleNOW’s consent management platform offers a streamlined way to manage communication preferences and keep your texts compliant while respecting customer privacy.

What Makes an SMS ‘Purely Informational’?

Purely informational texts are communications that deliver necessary or requested information without promoting products or services. Examples include:

• Appointment confirmations or schedule updates
• Shipping and delivery notifications
• School or weather-related emergency alerts
• Password reset or account security messages

These messages are generally considered exempt from consent requirements because they fulfill a specific customer need or obligation without seeking financial gain.

When Does Informational Messaging Cross the Line?

An informational message can quickly lose its exemption if it includes promotional language. For example:

• Exempt Message: “Your package is out for delivery and will arrive today by 5 PM.”
• Non-Exempt Message: “Your package is out for delivery! Check out our website for more great deals!”

Once a message blurs the line between informational and promotional, it falls under stricter regulations and requires explicit consent. Using a Do Not Contact solution can help businesses identify and exclude recipients who haven’t provided the necessary consent.

Best Practices for Sending Informational Texts

To maintain compliance while sending informational texts:

1. Stick to the Purpose: Avoid any language that could be interpreted as marketing.
2. Use Opt-In Processes: Even if consent isn’t legally required, obtaining it fosters trust and prevents confusion.
3. Provide Clear Opt-Out Options: Include instructions for recipients to stop receiving messages, even if not legally mandated.
4. Document Communications: Keep a record of all messages sent to maintain accountability.

Following these practices not only minimizes compliance risks but also reinforces a positive customer experience.

How to Safeguard Your SMS Campaigns Against Non-Compliance

Even with the best intentions, maintaining compliance can be challenging. That’s where technology solutions like PossibleNOW’s consent management platform come in. This tool centralizes consent records, automates preference updates, and integrates with the Do Not Call registry.

By managing consent and preferences in one place, businesses can reduce the risk of inadvertently sending non-compliant messages. Additionally, robust reporting and tracking keep your campaigns within regulatory boundaries.

While purely informational texts are often exempt from consent rules, businesses must carefully manage the content of these messages to maintain compliance. PossibleNOW provides the transparency and control needed to navigate the complexities of SMS regulations.

Ready to protect your campaigns and build customer trust? Explore how PossibleNOW can help!

About PossibleNOW

PossibleNOW is the pioneer and leader in customer consent, preference, and regulatory compliance solutions. We leverage our MyPreferences technology, processes, and services to enable relevant, trusted, and compliant customer interactions. Our platform empowers the collection, centralization, and distribution of customer communication consent and preferences across the
enterprise. DNCSolution addresses Do Not Contact regulations such as TCPA, CAN-SPAM and CASL, allowing companies to adhere to DNC requirements, backed by our 100% compliance guarantee.

PossibleNOW’s strategic consultants take a holistic approach, leveraging years of experience when creating strategic roadmaps, planning technology deployments, and designing customer interfaces. PossibleNOW is purpose-built to help large, complex organizations improve customer experiences and loyalty while mitigating compliance risk.