Text Messaging Legal Requirements and Best Practices

While Fuse Business Text makes it easy to be in compliance with text messaging laws, it is your responsibility to implement and use the texting feature in a compliant way. You must be in compliance with the TCPA and all state and local regulations.

Users who purchase Fuse Texting must agree to a service attachment related to this feature. You can find the service attachment on our website.

Tips for Being Compliant

Get Permission

Ask your customers for permission to send a text message. Make this part of your process and do it for each new client. Record permission in your Agency Management System. Should you ever have a complaint, you can relax knowing that you saved this documentation.

The most important piece of advice to avoid legal issues: text messages are not emails and should not be used to replace email. Texts are best used in a transactional setting (someone completed a form, renewed a policy, or is late on a payment).

Don't Communicate Too Frequently

If you limit your text communication to transactional event-driven messages, then this shouldn't be a problem.

Generally speaking, you don't want to send more than a message every 60 days via text messaging.

Don't Blast Messages to Any Large Lists

If you're sending a message to more than 200 people at one time, it's likely you'll get blocked from the carrier. That would mean all of your future messages would never be delivered. 

There are rare circumstances where it may be appropriate to broadcast a message - such as an emergency. Even sending a broadcast message, in this case, could trigger the Carrier's blocks, so please be careful to follow all best practices.

Provide Value with Each Message

Don't repeat yourself. Don't send something they wouldn't be interested in. And above all, before hitting send, imagine how they would read your message.

  • Would they be annoyed?

  • Will they know why they are getting it?

  • Did they give you permission?

Don't Use Short Links

Short Links, also known as URL shortening, are used to make long URLs shorter for easier sharing. However, it's important to note that these links often get blocked by different phone carriers. To ensure that your texts reach all recipients without any issues, we do not recommend using shortened links or including links to pages that contain shortened links in your messages.

Time Your Messages for Maximum Effectiveness

While all messages should be sent during normal business hours - that's not what we're referring to here. Instead, we're referencing the timing of the message related to the customer's life cycle and interaction with your agency.

For example, if someone just renewed a policy, a confirmation message may be appropriate (if you have their permission.)

Or, if a claim was recently closed, you may want to send a brief text message survey.

Or if they completed a form, they may appreciate a value-driven follow-up message.

Be aware of the customer's engagement with you and changes in their life that may be relevant to texting. And avoid all other cases.

Use Transactional Messages

A quick text follow-up after a contact request form or a quote form is a great way to engage when someone is connected with you.

Communicate Clearly

Text messaging has its own style of communication. It doesn't mean you need to get dorky and use text phrases ROFLMAO - but you should be concise and clear with all of your communication. Eliminate unnecessary words. If the meaning of your writing isn't clear, look at rephrasing it until you get it right.

To help with clarity and lower complaints, your first sentence should reference why you are contacting them.

  • Good Examples
    "Thanks for requesting an insurance quote"
    "I am following up regarding your recent insurance claim"
    "Your policy is renewing in 60 days, and I wanted to check in"

  • Bad Examples
    "ABC Insurance is proud to announce..."
    "We value your business..."

Text During Normal Hours

Don't wake up your customers or disrupt their quiet times. Only send campaigns during normal business hours.

Include Opt-Out Instructions

All of the text messages sent via our system include the ability to opt out. If someone replies "STOP" to a message, we will block them from receiving more communications. You should include this at the end of each message: Txt "STOP" to cancel 

Things to Avoid with texting

  • Do not text former clients.

  • Do not text lost leads after a few months, even if they gave you permission to do so.

  • Do not blast a text message to all of your clients.

If you get a complaint, it is important to adjust your process quickly to prevent future complaints. Failure to do so may result in losing access to text messaging or being blacklisted by the carriers.

Further Information

Twilio has a good article on preventing your messages from getting flagged as spam.