Compliance Guidelines for Higher Ed Messaging
There are several angles to consider when it comes to text messaging compliance. The Telephone Consumer Protection Act (TCPA) is a federal law that limits how consumers can be contacted by phone, text, and fax. Tax-exempt nonprofit organizations, including most higher ed institutions, get more leeway under TCPA, but we recommend the consent and compliance approach below for every partner institution regardless.
Carriers themselves also set their own expectations for text message communications. In 2019, the Cellular Telecommunications Industry Association (CTIA), the trade group representing the wireless industry, released a set of guidelines that became the foundation for today’s compliance and acceptable-use rules.
Twilio, the SMS provider that carries Mongoose’s traffic across carrier networks, is responsible for keeping that traffic consistent with carrier expectations. Mongoose is responsible for ensuring your institution’s use of the platform stays consistent with Twilio’s Acceptable Use and Messaging Policies. Carriers, CTIA, and Twilio can all audit traffic, require proof of consent, and demand changes when they find violations. Not being able to produce that proof, or not following required best practices, can result in specific numbers or entire institutions getting blocked.
These compliance expectations are enforced largely through the A2P registration process, which evaluates the company sending the messages along with its privacy, consent, and messaging practices. That includes both the initial registration and ongoing monitoring of activity.
Mongoose’s Recommendations for Obtaining Consent
All of Your Compliance Questions, Answered.
For the vendor-evaluation side of this conversation, including the questions to ask any student engagement platform before you sign, see A CIO’s Guide to Text Message Compliance in Student Engagement Software.
Have a compliance question specific to your institution? Talk to our team.
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