Compliance Best Practices for Email and SMS Opt-ins

Amped templates come with compliant language already included, but it is always up to the merchant's discretion to ensure full compliance. Please note that this is not legal guidance.

SMS Collection and TCPA Compliance

SMS marketing in the United States is primarily regulated by the Telephone Consumer Protection Act (TCPA). The TCPA requires explicit, written consent from recipients before sending promotional text messages. This consent must include a clear disclosure that users are agreeing to receive recurring automated promotional and personalized marketing text messages.

To ensure compliance, the consent language must be placed above the call-to-action (CTA) submit button in your popup. Here is an example of compliant consent language:

SMS Consent Language for your Popup:

By submitting this form, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders) from us at the cell number used when signing up. Consent is not a condition of any purchase. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg and data rates may apply. View Terms & Privacy.

Example of Legal Consent copy above the CTA Button:

Compliance with CTIA Guidelines

The CTIA (Cellular Telecommunications Industry Association) sets guidelines that must be followed to avoid penalties and maintain good standing with carriers. One key aspect is avoiding SHAFT content.

SHAFT Content in SMS Marketing

SHAFT stands for Sex, Hate, Alcohol, Firearms, and Tobacco. The CTIA, which sets guidelines for SMS marketing, strictly prohibits the promotion of these types of content via SMS marketing. Even if your messages do not fall under these categories, it is essential to be aware of and comply with these guidelines to avoid potential penalties and to maintain a positive reputation with carriers and customers.

Key Points to Remember:

Sexual Content: Any explicit or suggestive content is prohibited.
Hate Speech: Messages that promote violence, discrimination, or hatred towards individuals or groups based on race, religion, gender, etc., are prohibited.
Alcohol: Promotion of alcohol products is heavily regulated and often prohibited in SMS marketing.
Firearms: Promotion of firearms and related products is generally prohibited.
Tobacco: Promotion of tobacco and related products is prohibited.

Email Collection and CAN-SPAM Compliance

In the United States, the collection of email addresses for marketing purposes is primarily governed by the CAN-SPAM Act. When users voluntarily provide their email addresses through your popup, they are opting in to receive marketing communications. The CAN-SPAM Act focuses on ensuring that recipients can easily opt-out of these communications, rather than specifying requirements for the opt-in process.

Even without additional links to privacy policies or extra fine print at the point of email collection, your opt-in process remains compliant. To ensure full compliance, your marketing emails should always include:

A clear and conspicuous way for recipients to opt-out of future emails.
Accurate header information (e.g., “From” and “Reply-To” fields).
A valid physical postal address.
An accurate subject line that is not misleading.

In Amped, it's very simple to add an extra line of copy or links to your privacy policy on the email collection step of your popup if you would like. In the United States, this may not be needed though.

By adhering to these guidelines, you can maintain compliance with the CAN-SPAM Act and ensure that your email marketing practices are transparent and user-friendly.

Questions?