SMS or messaging compliance is a highly regulated industry. The applicable laws depend on the place of business, destination country of your recipients, and the specific industry you are in. Telecom laws apply uniformly to any SMS sent in that particular country.

Businesses are required to obtain specific consent before messaging their prospects and customers. Each regulation such as Telephone Consumer Protection Act (TCPA), General Data Protection Rights (GDPR), Canada’s Anti-Spam Legislation (CASL), or California Consumer Privacy Act (CCPA), California or the new California law, makes it mandatory for each business to obtain specific consent. 

Just like SMS, all other messaging channels such as WhatsApp and Facebook have also defined specific guidelines to capture and manage user consents for driving high-quality conversations between people and businesses. Businesses will have to adhere to region-specific regulations along with channel-specific guidelines. As we may expand our channel support with additional channels such as Line, etc., we will be improving our compliance configurations to be in sync with different channel-specific Business Policies and Terms on managing consents.

Considering all these region-specific messaging regulations as well as channel-specific guidelines, SMS-Magic has created an extensive framework which serves as a guideline for you to define:

• Who are you messaging and on which channel?
• What are you messaging and are you obtaining specific consent for that content?
• How are you obtaining channel-specific consent?

We advise you to consult your attorneys before deciding on choosing your consent options.

We advise you to consult your attorneys before deciding on choosing your consent options.

1. Overview

The applicable laws such as TCPA and GDPR make it mandatory to obtain consent and keep records in a readily available audit database which can be used as evidence in case of a dispute. This database of consent records needs to be maintained for 4 years (as per GDPR) from the date of its creation. 

With SMS-Magic you can choose how you obtain and maintain or record your consents. You can choose to get a blanket consent for sending any legally possible content or get a specific consent. For example, you can get blanket consent for sending any type of messages, service, transactional, or promotional; or you can get specific consent for sending transactional messages only.

This specific consent is recorded via Sender ID and Content Type. You can choose any of the following methods:

• Mobile Number Only – You opt-in to have a blanket yes or no consent for any recipient
• Mobile Number and Sender ID – You record consent for specific Sender ID’s. 
• Mobile, Sender ID, and Content Type – You choose to do specific consent based on Content Type.

Example – If you have selected ‘Mobile Number’ as a parameter. For channel SMS, the System will record opt-in consents with the recipient’s mobile number as a parameter. But for the WhatsApp channel, the system will record the recipient’s consents with a combination of Mobile number and WhatsApp Sender ID.

In Consent Record Setting, select the relevant parameters to define consent records.

The compliance feature helps you create a consent database based on all these parameters. You can also enable users to create a consent record manually. However, users need to be provided with relevant permissions to create and update the consent database. 

You can define consent record parameters in the following four possible combinations:

Example – If you have selected ‘Mobile Number’ as a parameter. For channel SMS, the system will record opt-in consents with the recipient’s mobile number as a parameter. But for the WhatsApp channel, the system will record the recipient’s consents with a combination of Mobile number and WhatsApp sender ID.

2. Methods of Input

Consent is captured through text messaging, paper forms, emails, or web forms. All these varied methods of input can be categorized under three areas. These are as follows:

Mobile – You can print the mobile numbers on billboards, posters, or print ads in order to encourage customers to share their consent for receiving updates on your products and services. When customers send in their consent through these numbers, the input source is recorded as Mobile. 

Online – All Web forms or partner sources sending in new lead information are considered as valid sources for collecting consent. However, it is recommended that you provide explicit instructions to customers to perform a specific action (such as while selecting a checkbox or clicking a Submit button) in order to submit their consent. Once submitted the database can record the input source as Online.

Offline – All physical forms such as contracts or other paper forms can also be used to collect consent requests. Even for physical forms, you need to mention the specific action the customer needs to perform in order to send their request. All requests collected through paper forms need to be added to the consent database.

You will get a comments field to input the details on the consent source while you add the consents manually. Similarly, if you have consent captured at record level field and wish to create a consent record, there should be a custom field at record level which will comprise details on how the record is being created. This is a recommended practice for maintaining the audit details.

3. Consent Record Expiry

The Consent Record Expiry section enables you to manage Consent Expiry for your compliance configuration so that you adhere to the messaging compliance of your country. You can configure a period after which all your recorded consents will get expired. This Consent Expiry period can be in Weeks and Months.

4. Keep Audit Report As Object 

In the Keep Audit Report as Object, click View Sample Database. A popup window appears to display a sample database.

5. Manually capture or revoke consent

Enable the Allow users to manually Add/Edit Consent Records option if you want to allow agents to add consent records manually. 

Click on the ‘Next’ button to proceed

1. Overview

You can initiate and respond to messages from multiple messaging sources. As each message has a specific purpose, the need to ensure that consent is received for those messages prior to sending them, is therefore critical.

For example, while sending automated messages or sending messages to multiple recipients, it is mandatory that you receive an opt-in request first. This helps to ensure that your marketing efforts generate positive results.

While sending one-to-one messages, you will not be able to send messages to customers who have explicitly opted-out of your communication strategies.

SMS-Magic Converse helps you configure the consent method that is needed to send messages through different interfaces. This is a recommended best practice that all users should follow.

The interfaces that you can configure with these consent methods can be categorized based on the type of messages that they are used for sending. The consent method can be selected from the drop-down list placed below each category name.

These are as follows:

Automated Conversations – All sources such as Converse Apps and Flows help you send automated messages.

Bulk Conversations – All sources such as  Record list view, Campaign Managers, reports, and Salesforce Campaigns that help you send bulk messages.

Interactive Conversations –  All sources such as the Send Message window in Converse Desk, Converse Inbox, and Record View help you send one-to-one messages to a single customer.

There are two options for defining what you are obtaining the consent for:

1. Source Type – You can define if the source requires prior consent or not. For example, you might not require consent for sending an emergency message. Another scenario is that you might not be required to use SMS-Magic Compliance Center because you have built your own compliance center. So you can choose, “Consent Not required”.

2. Content Type – Content type opt-ins are useful in ensuring that you can continue sending messages to customers for a specific type of content. Therefore, in case the customer is applying for a blanket opt-out instruction, in the opt-out confirmation message they receive, you specify the content type opt-in they can send if they wish to continue receiving messages for that specific content type.  

2. To create consent for source

In Consent for Source, click on the drop-down list beneath the relevant message interface name to select the consent mode.

Refer to the following table for details.

3. To create consent for Specific Content

1. In the Consent For Specific Content section, click on the Create New button

2. Enter the details to create a new content type. Refer to the following table for more details on individual fields.

3. Click on the Next button. The ‘Configure’ section appears to help you add the Sender ID and keyword configurations for the new content type.

4. Enter the keyword configurations for the new content type. Refer to the following table for more details on individual fields.

5. Click on the Validate & Next button. The opt-out instructions section appears.

6. Select opt-out settings from the option to add an opt-out instruction to your message. Refer to the table for more details.

7. Select the ‘Consent Expiry’ settings from the options given

8. Click on the Save button. The new message type appears on the ‘Content Type’ table.

9. Once the content type configuration is created, you will have to first update the status of the content type created as ‘Active’.

10. Once the content type status is updated to Active, then only you be able to associate templates to it. You can click on the ‘View’ option under the templates column in the Content Type table and add a template to associate it with the content type. Alternatively, you can also associate a template with content type by editing the template in Converse Template.

4. To edit a Content Type

1. On the content type page, click on the arrow next to the content type you want to edit. A drop-down menu appears.

2. Click on the Edit button. The Edit Content Type popup window appears.
3. Modify the fields as per requirements
4. Click on the Save button

5. To Delete a Content Type

1. On the Content Type page, click on the arrow next to the content type that you want to delete. A drop-down menu appears:

2. Click on the Delete button.The Delete Confirmation pop-up window appears.3. Click on the Confirm button. The Content Type Configuration is deleted.

1. Overview

Many times businesses obtain consent to send messages via web forms, emails, or offline methods such as contracts. Many industry bodies and associations including the TCPA recommend confirming the opt-in via handset by sending an explicit SMS asking to confirm or at least notify the recipient that they are subscribed to the text message service from your business.

The consent status of the recipients is set to pending until they use this keyword to confirm the request. On receiving the keyword from the prospect, you send a response confirming the consent. This completes the compliance process.

The consent collection process can be automated. You can set up a process builder so that whenever a new lead is created you will be able to create a new record in the consent database.

This section helps you create the configuration for double opt-in or confirmation messages for opt-ins via manual or online forms. All consent will be captured based on these configurations.

2. To Create Double Opt-in Configuration:

1. In Double Opt-in & Others, click on the Create Configuration option. The Create New Configuration screen appears.

2. Enter the details as required. Refer to the following table for more details.

3. Click on the Validate and Save button. You will see the double-opt-in configuration created.

• Click on the Down icon next to the double opt-in record you want to view and click on the View Details button from the dropdown list.
• Click on the Down icon next to the double opt-in record you want to remove and click on the Delete button.

3. Selecting a Template as Confirmation Messages

For WhatsApp:

While configuring opt-in, opt-out confirmation, and double opt message, you will see a template selection drop-down. You will first have to create a template in Converse Template with the object selected as  ‘Consent’, Channel tagged as ‘WhatsApp / All Channels’, and keeping the template text the same as the WhatsApp approved template text. You can then enter the details in channel-specific section fields. Once the template is created, you can configure the same here.

You can configure the same in double opt-in settings as shown below:

For Facebook:

While configuring opt-in, opt-out confirmation, and double opt message, you will see a template selection drop-down. You will first have to create a template with an object selected as  ‘Consent’, Channel tagged as Facebook / All Channels’ and keeping template text of your opt-out confirmation message text. You can then select a message tag as a ‘Confirmed event update’. Once the template is created, you can configure the same here.

You can configure the same in double opt-in settings as shown below:

1. Overview

To comply with industry standards, you must respond to keywords for HELP & STOP. Any user who opts-out using the STOP keyword must be added to an opt-out list (blacklist) and must not be sent any further messages until or unless they opt-in again. You can configure mandatory keywords for the three keyword types provided. These are:

• Opt-out
• Opt-in
• Help

For each keyword type, some default keywords have already been pre-defined. You can also create new ones following industry-specific norms.

Create keywords using the following guidelines:

• Use Alphabets
• Do not add spaces
• Do not include special characters

When a customer uses the keywords defined under the opt-out keyword type, they will be opted out or blocked from receiving messages for all campaigns and other activities. You cannot send any more messages to all such customers.

Similarly, when a customer uses the keywords defined under opt-in keyword type, they choose to opt-in for receiving messages from any team within the organization.

You can define separate keywords to help customers opt-in for specific content type messages, for example, notification or promotions. These keywords will be considered for receiving consent for that specific content-type.

Content-type opt-ins are useful in ensuring that you can continue sending messages to customers for a specific content-type. Therefore, in case the customer is applying for a blanket opt-out instruction, in the opt-out confirmation message they receive, you specify the content-type opt-in they can send if they wish to continue receiving messages for that specific content-type.

2. To Configure Compliance Keywords:

1. Click on the Edit button next to the Keyword type you want to modify. The Edit Keyword Configuration pop-up window appears. Refer to the table below for more details on the keyword options.

2. Enter the following details to add keyword configuration

3. Click on the Save Changes button. The Keyword Management section appears.

4. In opt-out instructions, click on the Change button next to the pre-configured instruction. The opt-out instructions popup window appears.

Opt-out instructions are as follows:

5. Click on the Save button. The opt-out instructions, if added, appear as shown.