For most people, summertime means sunshine, beaches and barbecues. Retail marketers, however, already have the holiday season on their minds, and summer is a great time to begin holiday prep – including connecting with your legal and compliance colleagues to make sure your mobile marketing program is holiday-ready.
Text message marketing is a significant revenue driver for retailers, earning more engagement from consumers daily. In fact, Listrak’s 2025 Cross-Channel Benchmark Report found a surge in retailers’ messaging volume, with SMS increasing an astounding 93% year-over-year – making it especially important for the crucial holiday season.
With such accelerated growth, it is especially important for digital marketers to ensure they are following relevant rules, regulations and best practices, as compliance impacts deliverability, customer trust, and, of course, revenue.
Why Text Message Compliance Housekeeping is Essential
Mobile marketing is highly regulated, including with explicit opt-in requirements, and ensuring full compliance when sending text messages to consumers is crucial for long-term success.
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Mobile text marketers that want to send to U.S.-based consumers must adhere to regulations such as Telephone Consumer Protection Act (TCPA) and state regulations that are put in place to protect consumers from unsolicited ads, and companies face substantial penalties for violations.
Additionally, CTIA – The Wireless Trade Association has its own guidelines from carriers, and it’s critical to adhere to these rules, too.
A Few Mobile Compliance Housekeeping Items to Consider
From acquisition to ongoing messaging, here are just a few items for marketing and compliance professionals to review regarding mobile messaging.
Acquiring subscribers for an SMS program comes with a specific set of rules to protect the subscriber/customer, so they know what they’re consenting to receive and that the retailer and brand set clear expectations.
- Compliance rules dictate that points of subscription and Calls to Action (CTA) must be clearly displayed. Clearly communicate your program’s description, including the kinds of campaigns subscribers may receive. Any incentive offer encouraging subscription should be clear and compelling.
- To maintain compliance, ensure relevant mobile-specific disclosures are clearly present and legible in your CTA, whether digital or print.
- Two-step pop-ups collecting both email and SMS opt-in remain marketing best practice for list growth, and all retailers can benefit from an additional (unchecked) checkbox at checkout.
Because text program opt-in requires explicit consent to receive messaging, subscribers want to hear from you! Build a consistent broadcast frequency from the start.
- Compliance regulation dictates that all your subscribers must be sent at least one text message from your program a month. Take engagement to the next level and target at least two sends a week to your full list.
- Compliance rules require messages to begin with your program name, and at least one monthly broadcast send needs to include HELP and STOP instructions.
- Compliance rules also dictate the maximum number of messages a contact can receive in 24 hours and when to send them. Messages cannot be sent outside of 8 a.m. to 8 p.m. local time. The 11-to-5 window is what we recommend for optimal engagement.
The Bottom Line
Mobile messaging is a powerful way to connect with consumers, and marketers that are adopting text message marketing programs are seeing growth and success. However, when it comes to mobile marketing, it’s critical to adhere to the rules to avoid penalties and ensure an optimum experience for subscribers.
With this awareness in mind, marketing, legal and compliance teams can connect to create personalized solutions tailored for their programs and industries as part of advance holiday preparations and throughout the year.
Cheryl Sanders is General Manager, Text Messaging Solutions at Listrak, which has issued its Compliance Lookbook.
