smrtPhone uses Twilio as our underlying carrier for sending SMS/text messages. There are legal regulations and specific guidelines Twilio requires you to follow to maintain an active business texting account. Violation of these standards will result in your account being suspended from sending messages.
Because Twilio treats all messaging transmitted via Twilio’s platform as Application-to-Person, this covers rules and /or prohibitions regarding:
Consent can't be bought, sold, or exchanged
Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them (this consent applies only to you, and to the specific use or campaign that the recipient has consented to); These are set by FCC.
You must make clear to the individual they are agreeing to receive messages of the type you're going to send and keep records of the consent.
Alternative Consent Requirements: The Two Exceptions:
a. Contact initiated by an individual - if an individual sends a message to you, then you are free to respond in an exchange with that individual. The consent is limited only to that particular conversation.
b. Informational content to an individual based on a prior relationship - you may send a message to an individual where you have a prior relationship, provided that individual provided their phone number to you, and has taken some action to trigger the potential communication, and has not expressed a preference to not receive messages from you.
Periodic Messages and Ongoing Consent
You need to proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices.
Identifying Yourself as the Sender
Every message you send must clearly identify you, except in follow-up messages of an ongoing conversation.
Revocation of Consent (“opt-out”)
The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe”, "STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT" or the equivalent.
Content that is not allowed by Twilio
a. anything that is illegal in the jurisdiction where the message recipient lives, like Cannabis-related information and prescription medication, and so on. In the U.S. - keep in mind federal and state legislation applies (e.g. Cannabis.)
b. hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group
c. fraudulent messages
d. malicious content, such as malware or viruses
e. any content that is designed to intentionally evade filters
All messages should comply with the rules applicable to the country in which the message recipient lives.
Age and Geographic Gating
Sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply.
Besides consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located and content complies with all applicable laws of the local jurisdiction. (Proof needed!)
Messaging Policy Violation Detection and Prevention Evasion
a. Content that includes intentionally misspelled words or non-standard opt-out phrases which have been specifically created with the intent to evade these mechanisms
b. Spreading similar or identical messages across many phone numbers with the effect of evading
Enforcement – Twilio's way of handling violations
Will work with customers in good faith
Suspend or remove access to the platform if the customer doesn’t follow guidelines and standards