South Carolina and the United States have laws that regulate text messaging, including opt-in requirements for businesses:
- Opt-in requirements
Businesses must obtain written consent, or an opt-in, before sending text messages to customers. This includes businesses that already have a customer’s phone number.
Cold texting is illegal. It is also illegal to send a text message asking a customer to opt-in to a text program.
- Misleading text messages
It is illegal to send text messages with the intent to defraud, harass, cause harm, or wrongfully obtain anything of value.
- Penalties
Businesses that violate the Telephone Consumer Protection Act (TCPA) can be fined up to $1,500 per text message or phone call.
- Opt-out requirements
Businesses must provide an easy way for customers to opt-out of receiving text messages.
- Disclosure requirements
Businesses must include a comprehensive opt-in message that discloses the business name, purpose of the message, data rate notices, and frequency of texts.
- Do Not Call Registry
Businesses should respect the Federal Trade Commission (FTC) National Do Not Call Registry and honor opt-outs.
- State Do Not Call Lists
Businesses should observe applicable state Do Not Calls lists that reference text marketing.