Sending bulk email, SMS, and voice messages is governed by laws including CAN-SPAM (email), TCPA (SMS and voice), and GDPR (for international recipients). Understanding which type of message (Promotional vs. Important Announcement) determines which legal requirements apply is essential for compliance.
đź’ˇQuick answers
- Which laws govern bulk email communication? CAN-SPAM in the US governs commercial email, requiring unsubscribe options and honest sender identification. GDPR applies for European recipients. Always include an unsubscribe link in Promotional messages.
- What are the TCPA requirements for SMS text messages? Automated texts must be sent between 8am and 9pm; Promotional SMS requires prior express written consent (opt-in). Important Announcement SMS can be sent with express consent if the mobile number was voluntarily provided.
- What is the difference in consent requirements between Promotional and Important Announcement messages? Promotional messages require recipients to opt in and must include an unsubscribe option; Important Announcements can be sent to all constituents if the contact info was voluntarily provided, but should be reserved for urgent communications.
- Can voice messages be sent at any time of day? No; like SMS, automated voice messages under TCPA must be sent between 8am and 9pm local time.
When sending out communication, it's important to understand what the legal ramifications are for each type of communication. According to the laws discussed in this article, recipients have a right to control what communication they receive from any entity. It is the sender’s responsibility to respect the recipient’s wishes and enforce internal communication guidelines which do not excessively bulk message their community or abuse the emergency message type. This article will show you the details for each so that you can be sure to follow the legal guidance as you send out your communication to families.
Â
This is a Help for School Leaders article helping district and school admins with everything they need to support their communities. Are you a parent or guardian? Check out the article, "Manage your subscriptions" instead!
Â
Subscriptions Best Practice
Help your community manage their subscriptions and customize the volume of communication they'd like to receive. Here are some resources to help you with this:Â
- For Parents: "Manage your subscriptions"Â
- For Parents: "Manage your account preferences"
- "How to allow users to make profile edits"
In this article
Email consent requirements
According to the CAN-SPAM Act, recipients must be able to opt out of receiving future emails. Organizations have 10 days to comply before legal action can be taken. The GDPR (General Data Protection Regularion) in the EU prohibits sending unsolicited emails without prior consent. Consent must be explicit informed and freely given.Â
SMS/Text and Voice consent requirements
According to the FCC (Federal Communications Commission), students, parents, and faculty who provide mobile numbers to schools are effectively granting consent to receive SMS text messages for “important information" — sent as Important Announcements, Urgent, or Emergency messages — as well as sending out non-emergency messages related to the school's "educational mission."
Automated text messages and recorded voice messages are required to comply with the Telephone Consumer Protection Act (TCPA). Per the TCPA, text communication must occur between the hours of 8 a.m. and 9 p.m.
Important Note on Emergency/Urgent Messages
The timeframe offered by the TCPA doesn't include communication that would fall into the category of "Emergency/Urgent" messages, such as school closures or emergency events that take place.
Forbidden messaging
A few types of messages are explicitly forbidden with any mode of communication:
- High-risk financial services
- Third-party lead generation services
- Debt collection or forgiveness
- “Get rich quick” schemes
- Illegal substances
- Gambling
- "S.H.A.F.T." use cases
Comments
Please Sign in to leave a comment if you don't see the comment box below.