With open rates north of 90% and click-throughs that put email to shame, SMS is a direct line into your customers’ daily lives. But with great power comes great responsibility, and in 2025, the rules of engagement are more important than ever.
Staying compliant across the regulatory landscape isn’t just about avoiding fines. It’s about preserving trust, delivering value, and keeping those open rates and engagement levels sky-high. So, let’s take a look at what’s changed, what’s stayed the same, and what savvy marketers should be doing now to stay ahead of the curve.
Opt-In or Opt-Out: There’s No Gray Area
It should be no surprise that consent is still king in 2025. But we’re not talking about a buried checkbox or a footnote in the terms and conditions. If you’re sending marketing messages via SMS, you need a clear, unambiguous, documented opt-in from your recipients.
Whether you collect that opt-in through a web form, a keyword campaign (“Text JOIN to 12345”), or point-of-sale interaction, the rules are the same:
- Be transparent about what subscribers are signing up for.
- Disclose message frequency and potential charges.
- Include your business name and a way to opt out (e.g., “Reply STOP to cancel”).
And yes, you need to store proof of consent. If regulators come knocking or a consumer files a complaint, you’ll want that paper trail.
TCPA: Same Law, Sharper Teeth
The Telephone Consumer Protection Act (TCPA) hasn’t changed much in detail, but in 2025, enforcement is getting tougher. With new tools and AI-assisted monitoring, regulators are cracking down on non-compliant SMS campaigns more aggressively.
Here’s what that means for you:
- Express written consent is non-negotiable.
- Double opt-in is highly recommended (especially if you collect mobile numbers online).
- Your opt-out process must be instant and effective.
If a subscriber replies “STOP,” the messages must stop – immediately. Not “next week,” not “after they confirm.” Anything else is a red flag. Non-compliance with TCPA can lead to hefty fines and damage to your brand’s reputation, making it crucial to adhere to these rules.
Shhh! Mind the Quiet Hours
One of the newer developments in SMS compliance is the enforcement of “quiet hours.” As of 2025, many carriers are reinforcing limitations on when you can send marketing messages, often following 8 AM to 9 PM local time guidelines, similar to the TCPA’s long-standing rules.
This means you need to know where your subscribers are. A one-size-fits-all blast at 9 AM Eastern might land in inboxes at 6 AM Pacific – and that could put you on the wrong side of both the law and your customer’s mood.
Pro Tip: Use audience segmentation and scheduling features to align your SMS sends with each recipient’s local time zone. In the emfluence Marketing Platform, you can build location-based segments and schedule messages in advance to ensure compliance with quiet hour restrictions.
Carrier Guidelines: Playing by the Gatekeepers’ Rules
Carriers aren’t just pipelines – they’re gatekeepers. And in 2025, they’re keeping a much closer eye on what’s coming through their pipes.
At the heart of these efforts is 10DLC (10-Digit Long Code). If you’re sending SMS messages from a standard phone number (think: local-looking numbers like 555-123-4567), you’re probably using 10DLC. It’s built specifically for business messaging, offering better deliverability, fewer spam flags, and a more trusted experience for your recipients.
But there’s a catch: you must register your number and campaign with The Campaign Registry (TCR), the central hub carriers use to track and vet SMS marketing activity. Brands are not able to register directly with TCR – but don’t worry; the SMS marketing experts at emfluence can help you with the process.
So, What’s the Big Deal about 10DLC?
Unregistered 10DLC numbers are subject to:
- Message throttling (slower delivery rates)
- Filtering or outright blocking
- Higher per-message costs
- Risk of suspension by carriers
Put simply: if you don’t register, your messages might not make it to the inbox – and even if they do, they might arrive too late to matter.
Best Practices to Stay Compliant and Engaging
Compliance can feel like a creativity killer. But it doesn’t have to be. The smartest marketers find ways to follow the rules and delight their audiences. Here’s how:
- Keep it short, sweet, and relevant: SMS isn’t email – respect the format.
- Personalize when possible: Use names, purchase history, and preferences to add value.
- Use SMS as part of a broader marketing mix: SMS works best when it complements email, social, and your web experience.
- A/B test timing, content, and CTAs: See what resonates, but stay within those compliance boundaries.
- Monitor opt-out rates and feedback: High unsubscribe rates are a signal that something’s off – act fast.
Learn More
Need help with your SMS strategy or compliance checks? At emfluence, we believe in SMS marketing with integrity. That means giving you the tools to build smart, compliant, high-converting SMS campaigns without sacrificing creativity. If you want to see how it’s done, schedule a call with one of our SMS marketing experts today at expert@emfluence.com.
