SMS Compliance Policy

Last updated: March 31, 2026

1. Overview

LocalBranding Pro provides SMS messaging capabilities to businesses for customer communication, marketing campaigns, appointment reminders, and review requests. This policy outlines our compliance with applicable laws including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and carrier/industry regulations (CTIA guidelines).

2. Consent Requirements

All SMS messages sent through our platform require prior consent from the recipient:

  • Express Written Consent: Required for marketing and promotional messages. Consent must be clearly documented and include disclosure of message frequency and rates.
  • Express Consent: Required for transactional messages such as appointment confirmations and service updates.
  • No Consent Required: Messages sent in response to a direct inquiry or ongoing conversation initiated by the customer.

Important: You are responsible for obtaining and documenting consent from your customers before sending SMS messages through our platform. LocalBranding Pro provides tools to manage opt-in and opt-out, but compliance is ultimately your responsibility.

3. Opt-In Best Practices

When collecting SMS consent, your opt-in process should include:

  • Clear disclosure that the person is signing up to receive text messages
  • The name of your business (the message sender)
  • Description of the types of messages they will receive
  • Expected message frequency (e.g., "Up to 4 messages per month")
  • Notice that "Message and data rates may apply"
  • Instructions on how to opt out (e.g., "Reply STOP to unsubscribe")
  • Link to your privacy policy

Sample opt-in language: "By providing your phone number, you consent to receive text messages from [Your Business Name] regarding [appointment reminders, promotions, etc.]. Message frequency varies. Msg & data rates may apply. Reply STOP to unsubscribe. View our privacy policy at [URL]."

4. Opt-Out / STOP Handling

  • Every marketing message must include opt-out instructions (e.g., "Reply STOP to unsubscribe").
  • Our platform automatically processes STOP, UNSUBSCRIBE, CANCEL, END, and QUIT keywords.
  • Once a recipient opts out, no further messages may be sent to that number unless they re-opt-in.
  • Opt-out requests are processed immediately and logged in the system.
  • A confirmation message is sent: "You have been unsubscribed. You will no longer receive messages from [Business Name]. Reply START to re-subscribe."

5. Message Content Requirements

  • All messages must identify the sending business
  • Messages must not contain false or misleading information
  • Marketing messages must include opt-out instructions
  • Messages must not promote illegal products or services
  • Messages must comply with SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) restrictions on certain message types
  • Each message segment is 160 characters. Messages exceeding this are sent as multiple segments.

6. Messaging Hours

SMS messages should only be sent during reasonable hours in the recipient's time zone:

  • Recommended: 8:00 AM to 9:00 PM local time
  • Required by TCPA: No messages before 8:00 AM or after 9:00 PM local time
  • Transactional messages (appointment reminders, order confirmations) are exempt but should still respect reasonable hours

7. Do Not Call / Do Not Text Lists

  • You must maintain your own internal Do Not Text list
  • Honor all opt-out requests within our platform
  • Do not send messages to numbers on the National Do Not Call Registry unless you have express written consent
  • Our platform maintains opted-out contacts and prevents messaging to them

8. Record Keeping

Under TCPA, you should maintain records of:

  • Consent documentation (when and how consent was obtained)
  • Opt-out requests and processing dates
  • Message logs (our platform retains these for 12 months)
  • Contact list sources and import dates

9. SMS Pricing & Credits

  • SMS messages are billed at $0.049 per 160-character segment
  • Credits are purchased in advance ($25, $50, or $100 packs)
  • A 3.55% processing fee applies at checkout
  • Auto-recharge is available to prevent service disruption
  • Purchased credits are non-refundable

10. Violations & Enforcement

Misuse of our SMS platform may result in:

  • Immediate suspension of SMS capabilities
  • Account termination
  • Forfeiture of remaining SMS credits
  • Reporting to relevant authorities if required by law

We actively monitor for compliance and may audit messaging patterns to prevent abuse.

11. Carrier Compliance

Our SMS service operates in compliance with:

  • CTIA Short Code Monitoring Handbook
  • CTIA Messaging Principles and Best Practices
  • Carrier-specific policies (AT&T, Verizon, T-Mobile)
  • 10DLC (10-Digit Long Code) registration requirements

12. Contact

For questions about SMS compliance, contact:
compliance@localbrandingpro.com