Summary of Compliance Guidelines
There are several standpoints from which to consider compliance. The Telephone Consumer Protection Act (TCPA) is a federal law that limits how consumers can be contacted via phone, text, and fax. Tax-exempt, non-profit organizations (including most higher education institutions) are given more leeway in TCPA regulations, we recommend the compliance and consent approach outlined below for all of our partner institutions regardless.
Specific compliance expectations are placed on text message communications by the carriers themselves.
In 2019, the Cellular Telecommunications and Internet Association Trade Association (CTIA), a consortium across the entire wireless industry, including all carriers, released a set of guidelines that are the foundation for the current state of compliance and acceptable use rules that all companies sending text messages must adhere to.
The CTIA guidelines are not legally binding, as the TCPA is, but express the desires of the carriers when it comes to the behavior of those who are sending messages across their networks. Twilio, the major SMS provider with access to carrier networks (a Mongoose partner as well), is responsible for ensuring their traffic is consistent. As a result, these guidelines around clear consent and opt-out messaging, form the basis of the Twilio Messaging Policy that we are bound to as texting institutions.
Mongoose is responsible for ensuring our clients’ usage of Cadence is consistent with Twilio’s Acceptable Use and Messaging Policies. The carriers, via the CTIA, and Twilio directly have the ability to audit traffic, require proof of consent and privacy practices, and may demand changes in the event of violations. The inability to provide this proof and carry out required best practices could result in the blocking of specific numbers or entire institutions.
The current compliance guidelines are closely related to, and enforced through, the A2P registration process, which includes an evaluation of the company who is texting, and their privacy, consent and messaging practices. This includes the one-time registration processes as well as ongoing monitoring of activity.
The current compliance guidelines are closely related to, and enforced through, the A2P registration process, which includes an evaluation of the company who is texting, and their privacy, consent and messaging practices. This includes the one-time registration processes as well as ongoing monitoring of activity.
Mongoose’s Recommendations for Obtaining Consent
All of Your Compliance Questions, Answered.
More Compliance Resources:
5 Ways to Gain Text Opt-In