With rights come significant responsibilities.
We want our users and email recipients to be aware of the following:
1. What content can be safely sent;
2. What contact methods can be safely used and which are prohibited by law;
3. The rules, principles, and consequences of SMS;
4. How to create legally compliant and engaging messages.
We are ready to help! This article will be very useful for anyone sending SMS and emails in ManyChat, especially those just starting with text marketing. You will find detailed instructions below on how to successfully use ManyChat for SMS and email campaigns while ensuring compliance with applicable laws.
The laws regarding any form of SMS vary by country/region, and the laws described in this article pertain only to the United States and Canada.
If your company is located in another country or you have customers in other countries/regions, you must ensure compliance with all applicable laws and legal requirements regarding mailing lists in the country/region where you conduct business.
ManyChat prioritizes legal compliance when designing and providing products. As a user, you are responsible for the products you use from ManyChat and for complying with the laws and regulations applicable to your business as well as ManyChat's Terms of Service https://manychat.com/tos.html.
The information provided here does not constitute legal advice; rather, all information, content, and materials provided in this article are for general informational purposes only.
To avoid sending spam, you should obtain customer consent before sending SMS and/or emails.
1. For the United States.According to the TCPA, businesses must collect and retain affirmative consent from customers to send SMS messages for commercial purposes and provide a method for opting out. To do this, you must disclose that the consent is for commercial messages, and consumers must provide an affirmative response.
2. For Canada. According to CASL, businesses must also obtain consent to send any electronic messages, provide certain disclosures about the business, and offer a method for opting out.
Necessary disclosures include:
1. Purpose of consent;
2. Name of the entity seeking consent;
3. Mailing address of the entity seeking consent;
4. Email address,
5. Website or phone number of the entity seeking consent;
6. Statement that consent can be withdrawn.
Tips for obtaining consent:
- Always obtain written consent to send SMS/emails by opting in. Even if users register on your website and keep their phone number/email in the registration form, you still need to ensure proper disclosure and that the consent form complies with legal requirements.
- Always provide an unsubscribe option in the simplest, most understandable way, and inform your subscribers. For example, subscribers can click UNSUBSCRIBE or send STOP.
- Always include your company name in the message.
- Provide only content that is valuable to subscribers: discount coupons, shipping/delivery status, reservation information, useful tips and tricks.
- Do not use misleading titles or text. Be specific and clear.
- Provide recipients with your email address or phone number, website, or physical store address, and postal code.
- Track emails sent on your behalf, for example, if you have a marketing agency working for you. Both parties are legally responsible for all content sent to users.
- Enumerate all terms and conditions regarding emails and your business use on your site.
Remember, obtaining user consent for emails is entirely your responsibility.
Note: Each time you create/import new contacts in ManyChat, you confirm that you have obtained proper consent.
If adding new contacts to ManyChat, ensure all customers consent to receive your SMS/emails.
If using import to add a list of numbers to ManyChat, ensure all customers consent to receive your SMS/emails.
How to obtain consent in ManyChat?
- Use the opt-in process in Messenger.
If you collect contacts on Facebook for email sending, you can use our process to obtain consent for phone numbers:https : //manychat.com/flowPlayerPage?share_hash=104737397559805_dcd6e717cd211ecacd5738826582c9e808cc052f - Use mobile growth tools for your website.
- please remember,Your customers should be able to easily unsubscribe from texts in the most obvious way.For example, by responding with the word “STOP” to an SMS, or by clicking the “unsubscribe” button in an email if you are sending emails.
If a customer chooses to opt-out, they should be immediately unsubscribed from the mailing. In ManyChat, if someone writes STOP, they will automatically unsubscribe from SMS/emails. You should keep the individual on a permanent “do not contact” list unless they express consent again later. - What types of content can/cannot be sent in messages?
You can send the status of goods sent and delivered, verification codes for sites/services/apps, as well as discount coupons, gift vouchers, and booking confirmations.
If you are sending messages related to alcohol and tobacco or other restricted products, you are responsible for ensuring compliance with legal age regulations and other requirements for the lawful sale of such products. - What are the terms of service?
You should use terms of service or other contractual mechanisms to manage your relationship with customers. You can include information about the use of SMS and emails in the terms and services, however, you must obtain affirmative consent for appropriate disclosures regarding SMS and emails, so burying it in your terms and conditions will not meet your compliance obligations.
Note: We cannot provide legal services (and our resources should not be interpreted or substituted for legal advice).
Legal references aimed at protecting Canadian consumer privacy and personal data:
1. The name of the law regulating TCPA spam in the United States:
https://en.wikipedia.org/wiki/Telephone_Consumer_Protection_Act_of_1991
2. Canada’s Anti-Spam Legislation – CASL:https://fightspam.gc.ca/eic/site/030.nsf/eng/home
3. Personal Information Protection and Electronic Documents Act – PIPEDA:
https://zh.wikipedia.org/wiki/Personal_information_protection_and_electronic_documents_behavior
