INTRODUCTION

If you’re like most higher education organization, you’re probably wondering, “can I legally Text (SMS) message the students

and alumni who are affiliated with our university?” The simple answer is, Yes! However, there are a few rules and

guidelines you should be aware of to provide your students and alumni with the respect they deserve.

The Telephone Consumer Protection Act (TCPA) is a big component of the legality and regulations surrounding Text (SMS)

messaging. TCPA sets forth ground rules for marketing by telephone, fax and text messages, and restricts the use of

Automatic Telephone Dialing Systems (ATDS).

For the purpose of Text messages, the TCPA acknowledges three main categories of notifications: Telemarketing,

Informational, Emergency.

TELEMARKETING

A method of direct marketing in which universities solicit prospective students to enroll or purchase products/services via

telephone.

“Deciding on where to attend college? Let us help you through our enrollment process.”

INFORMATIONAL

A method of direct communication in regard to an existing relationship that conveys information about the “service” being

provided. In this case, the service would likely be the education, or degree, a student is obtaining from the university.

“Tuition is past due. Please remit payment or contact admission representative to avoid penalty..”

EMERGENCY

A method of direct communication notifying recipients of potentially hazardous conditions or threats.

“Shots fired in student union. Buildings locked down. Shelter in place.”

HIGHER EDUCATION: REGULATIONS TO KNOW BEFORE YOU TEXT

PERMISSION TO SMS MESSAGE

Some SMS messaging falls into “permission-based” activity, meaning every student and/or alum receiving the message must

have opted themselves in. However, the threshold of consent you needed in order to send Text messages is different under

all three categories.

When telemarketing, you must have prior written consent – no exceptions.. Consent must be clear, conspicuous and

unambiguous, allowing the subscriber to know exactly what they’re signing up for.

On the other hand, informational messages only require express consent. When a student enrolls in a college, the

assumption is they’d like information about staying on tract to obtain their degree. If they provide a cell phone number

during enrollment, that constitutes as express consent for these type of messages. Keep in mind though, although you

have the right to message them, doesn’t mean you should overuse and abuse this power.

Lastly, emergency messages do not require any prior consent, as long as a cell phone number is on file. Text

messages from universities can potentially save lives in dangerous situations, so universities should feel encouraged to

utilize this form of communication during such an event.

ADDITIONAL FACTORS TO CONSIDER

1. Value

Before hitting “Send”, ask yourself this practical question, “Would the person receiving this message likely want the

message?” Remember, your subscribers are giving you permission to Text them, so respect their time and personal space by

only sharing useful information. Make each message worthwhile.

2. Hours/Frequency

Be courteous of your subscribers by only sending Text messages during appropriate hours. Messages should be sent

between 8AM and 9PM in the time zone your recipient is in. Also, be mindful of how many messages you’re sending in a

given amount of time. It’s best to be upfront with your subscribers about how frequently they should expect to hear from

you. Too many messages could actually diminish the importance of your messages.

3. Opt-Out

Ensure your subscribers are aware they can opt-out at any time. As a best practice, you should include “Text STOP to

unsubscribe” in your message. You should also keep an ongoing log of subscribers who have opted-out, to ensure they no

longer receive future messages of any kind.

TEXTING TIDBIT

“You almost certainly have all the consent necessary to send students informational text messages simply by virtue of students disclosing their telephone numbers to you during the enrollment process.”

- Adam Bowser, Attorney at Ardent Fox

CONCLUSION: QUESTIONS TO ASK YOURSELF

We suggest you ask yourself the following questions when reviewing your mobile program:

1. Are you sending SMS messages to only people that have provided consent?

As part of that consent, are you…

- Displaying all program terms, instructions and privacy policies?

- Not treating it as a blanket approval for all other programs?

- Keeping record of it in a database of some sort?

2. Are you maintaining opt-out mechanisms and honoring these requests no later than 72 hours after receipt?

3. Are you only sending messages that the individual receiving the message would likely want or find helpful/useful?

If you answered “YES” to all of the questions above, you seem to be well on your way to respecting your students and

alumni, and maintaining a mutually beneficial relationship.

If you have questions, we’re happy to help. Call 512-501-5947 or Text “Easy” to 370370.