I was talking with a Cisco Collaboration Account Executive the other day and she mentioned that there was a valid reason for Cisco not allowing the main business number for business texting. There are new regulations that Cisco was previously aware of which require businesses to invest in registration and compliance monitoring. Here is a transcript of my interview with Chat GPT on the subject:
Doug: Did the FTC or the FCC recently add new rules for business texting?
Chat GPT: Yes, both the FTC and the FCC have recently implemented new rules that could impact business texting practices.
FTC: The Federal Trade Commission (FTC) updated its rules in August 2024 to extend telemarketing fraud protections to business-to-business communications. These updates focus on enhancing protections against deceptive practices, particularly those involving the use of AI-enabled scam calls. The new rules require businesses to be more transparent and to maintain robust record-keeping practices to ensure compliance.
FCC: The Federal Communications Commission (FCC) has introduced several new regulations in 2024 that significantly impact business texting, particularly regarding consumer consent and spam prevention. Key changes include:
1. Consent Management: Businesses are required to honor requests to revoke consent for receiving texts or calls within 10 business days. This includes clear guidelines for what constitutes a valid opt-out request and how businesses must handle them.
2. A2P Messaging Regulations: For bulk or Application-to-Person (A2P) messaging, businesses must register their campaigns through the Campaign Registry. Failure to register can result in the suspension of messaging services.
3. Zero-Tolerance for Unregistered Messaging: There is a strict zero-tolerance policy for unregistered A2P messaging, emphasizing the importance of compliance with these registration requirements.
These changes are designed to give consumers more control over the communications they receive and to curb the proliferation of spam and scam messages. Businesses should review these new rules carefully to ensure compliance and avoid significant penalties.
Doug: In A2P, how is Application defined?
Chat GPT: In the context of Application-to-Person (A2P) messaging, “Application” refers to any software or platform that automates the process of sending SMS messages from a business to individuals. This can include a wide range of messaging platforms or systems that businesses use to send bulk text messages, such as marketing campaigns, notifications, alerts, and reminders.
Unlike Person-to-Person (P2P) messaging, which typically involves direct communication between individuals (like regular text conversations), A2P messaging is characterized by its automated, one-way nature, where a business sends messages to consumers using an application or system. These messages are often pre-scheduled, triggered by specific events, or sent en masse to large groups of recipients.
The term “Application” in A2P messaging encompasses any automated system that can manage, schedule, and dispatch these types of messages, as well as handle responses and manage customer interactions on a large scale.
Doug: Is one of the enforcement mechanisms that the texting number must be assigned to a person, not to the main business?
Chat GPT: Yes, one of the enforcement mechanisms related to A2P (Application-to-Person) messaging requires that the phone number used for texting should be associated with a specific person or entity rather than a generic or main business number. This is part of the effort to increase accountability and traceability in SMS communications.
The purpose behind this requirement is to ensure that messages can be traced back to a specific individual or department within a business, making it easier for regulators to enforce compliance and for consumers to know who is responsible for the messages they receive. This also helps in cases where recipients want to opt-out or revoke consent, as it provides a clear point of contact.
Additionally, this mechanism is designed to prevent the use of generic business numbers that could potentially be used to send large volumes of unsolicited or non-compliant messages without accountability .
This requirement aligns with broader regulatory trends aimed at enhancing transparency and consumer protection in business communications, particularly in automated or bulk messaging contexts.
Doug: What is required of the business to register?
Chat GPT: To register for Application-to-Person (A2P) messaging, businesses must follow specific steps to ensure compliance with the new regulations. Here’s a general overview of what is typically required:
Campaign Registration:
Businesses must register their A2P messaging campaigns with a designated campaign registry. This process usually involves providing details about the nature of the messages, the types of interactions expected, and the target audience.
The registration process may take up to three weeks, and businesses are advised to plan accordingly to avoid disruptions in their messaging services.
Details About the Business and Use Case:
You will need to provide detailed information about your business, including the type of messages you plan to send (e.g., marketing, notifications, alerts), the expected volume of messages, and the intended recipients.
Businesses may also need to outline the messaging frequency and provide sample messages to demonstrate compliance with regulations.
Compliance with Opt-In/Opt-Out Requirements:
Ensure that your messaging platform includes mechanisms for obtaining express written consent from recipients before sending messages.
You must also have a clear process in place for handling opt-out requests, as required by the FCC regulations.
Adherence to Industry Guidelines:
Your A2P messaging practices must comply with guidelines provided by the Cellular Telecommunications Industry Association (CTIA) or similar organizations. These guidelines typically cover aspects like message content, frequency, and methods for obtaining and managing consent.
Fee Payment:
There may be fees associated with the registration process, depending on the volume and nature of your messaging campaign.
Ongoing Compliance Monitoring:
After registration, businesses are often required to monitor and report on their messaging activities to ensure ongoing compliance with the regulations.
Failure to properly register and adhere to these requirements can lead to the suspension of messaging services and significant penalties (BusinessPhoneSolutions) (business.com).
Doug: Where would I go to register my business?
Chat GPT: To register your business for Application-to-Person (A2P) messaging, you will generally need to go through a service called The Campaign Registry (TCR). TCR is a centralized system that helps manage and regulate A2P messaging campaigns in the United States. Here’s how you can proceed:
Visit The Campaign Registry (TCR):
TCR is the primary platform where businesses can register their messaging campaigns. You can access the registration process by visiting their website at The Campaign Registry.
Sign Up or Log In:
If you are a new user, you’ll need to create an account on TCR. If you already have an account, you can log in and begin the registration process.
Provide Campaign Information:
During registration, you’ll be required to submit detailed information about your messaging campaign, including the nature of your messages, the volume, and any other relevant details. You may also need to submit information about your business and the intended recipients.
Pay Applicable Fees:
There are usually fees associated with registering your campaign, which vary depending on the type and scope of your messaging activities.
Comply with Additional Requirements:
Ensure that your messaging practices comply with all industry guidelines and regulations, including those set by the CTIA. This may involve providing details about how you obtain consent from recipients and how you handle opt-out requests.
After completing these steps, your campaign will be reviewed, and once approved, you’ll be able to proceed with your A2P messaging activities. If you fail to register or comply with the requirements, your messaging services may be suspended, and you could face penalties.
For more specific guidance, it’s also a good idea to consult with a legal professional or a compliance expert to ensure that your registration and messaging practices meet all necessary regulations.
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