Note: SMS Campaigns are included in select Thryv Business Center accounts. If you do not see SMS Campaigns in your product, contact Thryv support to explore your options.
Why Staying Compliant Protects Your Business and Your Sending Reputation
Sending email and SMS campaigns is one of the most effective ways to stay connected with your clients and drive repeat business. However, email and SMS marketing are regulated by law in the United States and in many other countries. Sending campaigns that violate these regulations can result in your account being locked, your emails being blocked by spam filters, or legal liability for your business. Understanding and following the compliance requirements described in this article protects your sending reputation and keeps your campaigns reaching the clients who want to hear from you.
Legal Requirements for Email and SMS Campaigns
By sending email or SMS campaigns and announcements from Thryv Business Center™, you accept Thryv's terms of service. All email campaigns and announcements must comply with the US CAN-SPAM Act and with the laws of every country where your recipients are located. All SMS campaigns and announcements must additionally comply with the Telephone Consumer Protection Act of 1991 (TCPA).
It is your responsibility as the account holder to ensure that all campaigns you send comply with applicable regulations. You may be held legally liable for any campaigns that violate these laws, regardless of whether the campaigns were sent through a third-party platform such as Thryv Business Center.
How to Collect Required Opt-In Consent from Clients
Certain regulations require you to obtain explicit consent from recipients before sending marketing emails or SMS messages. If your business is required to collect opt-in consent from clients before adding them to marketing campaigns or announcements, you can create an opt-in field on your Thryv Business Center forms. For step-by-step instructions on setting up an opt-in field, see How to Add an Opt-In Field to Your Forms in Thryv Business Center.
Mandatory Opt-In for Transactional SMS Messages
Regulations in the United States and Canada now require businesses to obtain explicit consent before sending transactional SMS messages, such as appointment reminders and invoicing notifications. This requirement is separate from the marketing SMS opt-in described earlier in this article. Thryv Business Center enforces this by adding a mandatory, unchecked opt-in field to client intake forms and client portals. A client must actively check this field before you can send them transactional SMS messages.
This requirement applies to all Thryv Business Center customers who use SMS, including businesses that share a single SMS number with other Thryv customers. All appointment reminders and invoicing messages sent via SMS fall under this requirement.
How Existing Clients Are Handled During Rollout
Clients created before this feature is enabled for your account are grandfathered into the system and treated as opted in. This prevents any disruption to your appointment reminders and invoicing messages on the day the feature is enabled. Only clients created after the feature is enabled must complete the new opt-in field before you can send them transactional SMS messages.
How Clients Opt Out of Transactional SMS Messages
A client can reply STOP to any message thread to unsubscribe from transactional SMS messages. Because Thryv Business Center uses shared SMS numbers, a STOP reply unsubscribes that client from every business associated with that shared number, not just your business. The system cannot distinguish between businesses when a client replies STOP on a shared number.
How Thryv Business Center Monitors for Spam Activity
Thryv Business Center includes built-in spam detection mechanisms that monitor all accounts for activity that may indicate misuse or policy violations. The spam detection system monitors for the following types of activity:
Suspicious activity related to client lists
Uploading of external contact lists that may not have opted in
High email bounce rates
Misleading or illegal content or graphics in campaigns
Spam abuse activity reported by recipients
Copyright violations in campaign content
If suspicious activity is detected on your account, Thryv Business Center will lock the account without prior notice. To avoid account suspension, ensure that all campaigns comply with the legal requirements described in this article and that all recipients have consented to receive your messages.
Frequently Asked Questions
Does the transactional SMS opt-in requirement apply to businesses using a shared SMS number?
Yes. This requirement applies holistically to all Thryv Business Center customers who send SMS messages, including those on shared numbers. All appointment reminders and invoicing messages sent via SMS are covered, regardless of your number configuration.
What is the difference between marketing SMS consent and transactional SMS consent?
Marketing SMS consent covers promotional messages, such as email and SMS campaigns and special offers, and is described in How to Opt Clients into Text Message Marketing. Transactional SMS consent covers appointment reminders and invoicing notifications, and requires a separate opt-in described in this article.
How do I manage transactional SMS opt-in status for multiple clients at once?
Staff can update opt-in status for multiple clients at once from the Clients tab. Select More actions, then Import, to upload a CSV file. Every change made through a CSV import is recorded in an audit log for accountability.
What does this article cover?
This article covers the legal compliance requirements for sending email and SMS campaigns and announcements from Thryv Business Center, including the CAN-SPAM Act and the Telephone Consumer Protection Act of 1991. This article also covers how to collect opt-in consent from clients and how Thryv Business Center's spam detection system works. This article does not cover how to create or send campaigns — for campaign creation instructions, see your announcements and campaigns guides.
What laws apply to email campaigns sent from Thryv Business Center?
All email campaigns sent from Thryv Business Center must comply with the US CAN-SPAM Act and with the laws of every country where your email recipients are located. The CAN-SPAM Act sets rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to opt out of receiving emails from you.
What laws apply to SMS campaigns sent from Thryv Business Center?
All SMS campaigns sent from Thryv Business Center must comply with the Telephone Consumer Protection Act of 1991 (TCPA) in addition to the CAN-SPAM Act requirements that apply to all campaigns. The TCPA regulates telemarketing calls and SMS messages and requires prior express written consent from recipients before sending marketing text messages.
What happens if Thryv Business Center detects suspicious activity on my account?
If the Thryv Business Center spam detection system identifies suspicious activity on your account, your account will be locked without prior notice. To avoid account suspension, ensure all campaigns comply with applicable regulations, all contact lists consist of recipients who have consented to receive your messages, and all campaign content follows Thryv's terms of service.
Who is responsible for ensuring campaigns comply with anti-spam laws?
You, as the account holder, are responsible for ensuring that all email and SMS campaigns you send from Thryv Business Center comply with applicable laws and regulations. Sending campaigns through a third-party platform such as Thryv Business Center does not transfer legal responsibility for compliance to Thryv. You may be held legally liable for any campaigns that violate the CAN-SPAM Act, the TCPA, or the laws of the countries where your recipients are located.
Where can I get help with compliance questions?
For questions about anti-spam compliance requirements or if your account has been locked, contact Thryv support for assistance. Thryv support can help clarify how the spam detection system works and guide you through any account issues, but cannot provide legal advice about specific compliance obligations. For legal guidance on CAN-SPAM or TCPA compliance, consult a qualified attorney.
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