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SMS Compliance for the US/CA Customers: TCPA

Ira avatar
Written by Ira
Updated over a week ago

Most Omnisend users send their texts to customers inside and outside the US. While there are no specific regulations for the rest of the world (apart from GDPR in the EU), to send texts to US/CA customers, you must comply with the TCPA (Telephone Consumer Protection Act).

To address this, we have designed two different editors: one for US/CA recipients and another for the rest of the world. This article focuses only on SMS messages sent to US/CA recipients.

Before You Start

  • Before sending messages to US/CA customers, you must obtain implicit consent to receive marketing updates through SMS.

  • The budget for SMS messages can be included in your pricing plan ($1 on Free and Standard, Free SMS credits on Pro) or purchased as an additional service (on any plan).

  • ➡️ Check out detailed articles on SMS Campaigns and SMS Automations editing.

Changing SMS Settings

A functioning opt-out mechanism is essential for compliance with TCPA requirements and CTIA guidelines.

Your US/CA number must respond to HELP and STOP keywords automatically:

  • HELP: Provides your company name and contact information.

  • STOP: Immediately unsubscribes the customer from SMS marketing.

Keywords to subscribe: join, subscribe, start.

Keyword Responses

You must always respect customers' opt-out requests. When a customer replies with any recognized unsubscribe keyword, their SMS subscription status will change to Unsubscribed in Omnisend, and an automatic acknowledgment message is sent. 

The default text can be changed in your account settings by going to Store Settings → Settings → Language & translations.

Moreover, customer care contact information must be clear and easily accessible to help users. Responding to the HELP keyword will provide your customers with your company name and contact information.

Recognized unsubscribe keywords include:

  • Unsubscribe

  • Cancel

  • Quit

  • End

  • Opt out

  • Optout

  • Opt-out

  • Stopall

To count as a real opt-out intent, the customer's message must either:

  • Only contain one of these keywords,

  • Or start with one of these keywords.

If a customer replies with mixed or unrelated text that does not meet these conditions, it will not trigger auto-unsubscription.

Important: Our network provider automatically sends the STOP keyword response in the US. You cannot modify this auto-response.

Resubscribe Keyword

  • Customers can resubscribe by replying UNSTOP.

  • Auto-responses for resubscriptions are generated automatically.

Note:

  • There is no auto-response for CA customers when using UNSTOP, but the keyword is still supported.

  • You can manually add UNSTOP Instructions to the STOP keyword reply in Store Settings → Settings → Language & Translations.

SMS Message Design

We provide two unsubscribe options depending on your recipients:

Region

Opt-out instruction

US/CA

"Reply STOP to unsubscribe" (mandatory)

Non-US/CA

"Click Unsubscribe link"

Adding the opt-out option in US/CA SMS messages is mandatory. You can differentiate opt-out instructions for US/CA vs. international audiences directly inside the SMS editor. You will also see a preview of how the message will display for US/CA and non-US/CA customers.

Sender Information

  • The SMS Sender Name is not supported in the US and CA.

  • Omnisend provides a dedicated phone number for US/CA users for your campaigns. Once you send an SMS campaign to the US/CA, we will provide you with a different dedicated phone number, which will be used for all your future SMS messages sent to US/CA  phone numbers.

  • Customers will always see the same sender number when receiving your messages.

Important: If your SMS exceeds the maximum character limit for one message, it will be split into multiple parts.

Collecting TCPA Consent Record

Once you start collecting your customers' Opt-ins for the SMS channelyou must add a TCPA legal block to your form, which explains that by submitting this sign-up form, your customers agree to receive your marketing through the SMS channel.

Moreover, you must add the privacy policy link. As a best practice, we recommend including information on how customers' emails and phone numbers are used (for marketing purposes) in your privacy policy.

After your customers submit this form, the TCPA consent record, along with the phone number and subscription status, will be added to their profiles.

Important: It's impossible to enable the Omnisend form with SMS opt-in without adding a legal consent item. With TCPA consent in place, we can be sure that your customers are informed that you will be sending your marketing to the phone number they provide on the sign-up form.

To stay compliant:

  • Create a Segment of customers who have consented to SMS marketing.

  • Only send SMS Campaigns to this Segment.

Make sure your unsubscribe mechanisms, keywords, and messaging practices match the latest TCPA/CTIA regulations. Following these practices will protect your brand reputation and ensure high deliverability.

If you have more questions, do not hesitate to contact our support team. We are available 24/7 and can be reached via In-app chat or email at [email protected]

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