Understanding message types and required consent

Understanding the differences between informational and promotional messages is crucial for maintaining compliance and ensuring proper consent management. This guide will help you identify the appropriate classification for your messages, understand the required consent levels, and navigate mixed-use scenarios.

Message Types Overview

How to Tell the Difference

Ask yourself these simple questions:

1. What's the main purpose? Is it to inform or to promote?
2. Would the recipient expect this message? Is it information they need, or is it marketing?
3. Are you asking them to buy something or engage commercially? If yes, it's likely promotional.
4. Does it contain sales language, offers, or calls-to-action? If yes, it's promotional.

Informational Messages

Messages that provide necessary or required information to recipients about existing relationships or commitments. The primary purpose is to inform, update, or instruct rather than to promote or sell. These messages typically require or expect the recipient to know the information for practical purposes (like scheduling, operations, safety, or compliance) and often need timely attention or action.

• Appointment reminders
• Schedule changes
• Service updates
• Payment reminders
• Emergency alerts
• Operational announcements
• Health and safety notices

Key traits: These messages help recipients with information they need or expect. They're not trying to sell anything or promote business activities.

Consent needed: Prior express consent

• This means your contact has given you permission to send them informational messages
• Typically obtained when they provide their phone number during registration or sign up for notifications
• Example: A patient provides their phone number when scheduling an appointment

Promotional Messages

Messages intended to promote business, products, services, or participation in commercial activities. The primary purpose is to encourage purchases, drive sales, or increase business engagement. These messages are marketing-focused and typically include calls to action, special offers, or business opportunities, even when using indirect or subtle promotional language.

• Sales announcements
• Special offers and discounts
• New product/service launches
• Review or referral requests
• Paid event marketing
• Fundraising requests
• Customer surveys

Key traits: These messages encourage purchases, drive sales, or increase business engagement, even if they're subtle about it.

Consent needed: Prior express written consent

• This is a higher level of consent than informational messages require
• Must specifically mention receiving promotional/marketing messages
• Should be obtained through a written form, website signup, or clear digital confirmation

Example: A customer checks a box that includes the proper opt-in language that discloses the company, types of message, frequency, how to get help, how to opt-out, and msg & data rates. Most importantly, links to Terms and Privacy Policy that also outlines a non-sharing clause that specifies data might won't be shared with third parties . This reassures contacts that their data won’t be sold or used for other purposes without consent.

Examples to Help You Decide

Clearly Informational:

• "Your appointment is tomorrow at 2 PM."
• "Our office will be closed Monday for maintenance."
• "Your prescription is ready for pickup."
• "School is canceled tomorrow due to weather."

Clearly Promotional:

• "20% off all services this weekend!"
• "Join us for our fundraising event. Tickets are $50."
• "We've just launched a new service! Book now."
• "Please leave us a review at the link below."

Managing Both Types of Messages

If you send both informational and promotional messages, here's what to do:

1. Separate Your Contact Lists

• Informational contacts: People who have given you basic consent
• Promotional contacts: People who have specifically agreed to receive marketing messages

2. When in Doubt, Get Higher Consent

• If you think you might send promotional messages in the future, get express written consent when first collecting contact information
• Include clear language like: "I agree to receive promotional messages from [Your Business]

3. Consider Separating Your Messages

Instead of mixing informational and promotional content, send them as separate messages:

• First message (to everyone): "Your appointment is tomorrow at 2 PM."
• Second message (to promotional contacts only): "Book your next visit now and save 20%!"

Quick Reference Chart

Still Not Sure?

If you're uncertain about how to classify a specific message:

1. Look at the primary purpose
2. When in doubt, get promotional-level consent
3. Consider splitting your message into separate informational and promotional messages
4. Contact Text-Em-All support for guidance

Remember: Having the right consent helps you maintain compliance and build trust with your contacts.

Compliance Best Practices

1. Document Your Consent: Keep records of how and when consent was obtained.
2. Provide Opt-Out Options: Always include a clear way for recipients to opt out of future messages.
3. Regular Audits: Periodically review your message classification system and consent records.
4. Staff Training: Ensure team members understand the differences between informational and promotional messages.
5. Consent Segmentation: Maintain separate contact lists based on the level of consent received.

FAQs

"I'm sending appointment reminders. Are these informational or promotional?" Appointment reminders are typically informational messages. However, if you add promotional content like "Book your next appointment and get 20% off," the message becomes promotional and requires higher consent.

"If I'm asking customers to leave a review, is that promotional?"

Yes, requesting reviews is generally considered promotional as it's encouraging customer engagement for business purposes rather than providing necessary information.

"If I'm messaging contacts that are already customers, is that okay?"

If informational, yes. If promotional, only if you have obtained express written consent to do so. Just because they have done business with you does not mean that you can send them promotional text messages. The language on your opt-in form must include the required language. To be safe, we recommend sending an email to your customer list with a link to the opt-in form that we provide all accounts. You can then safely message the customers who opt-in to receive promotional messages.

"If my event is free, is promoting it still considered promotional?" Yes, even free events are typically considered promotional if the primary purpose is to increase engagement with your organization, especially if there might be upselling opportunities at the event.

"What happens if I send a promotional message to someone who only gave informational consent?" This could potentially violate TCPA regulations, which might lead to complaints, legal issues, or fines. It's best to ensure you have the appropriate level of consent before sending any messages.

"I'm a non-profit/religious organization. Do different rules apply to me?" While non-profits may have some exceptions under telemarketing rules for voice calls, text messaging generally follows the same consent rules regardless of your organization type. Fundraising messages are typically considered promotional.

"I'm a healthcare provider. Are all my messages to patients considered informational?" Not necessarily. While appointment reminders and care instructions are typically informational, messages promoting optional services, new treatments, or wellness products would be considered promotional.

Need More Help?

If you're unsure about the classification of a specific message or need guidance on consent requirements, contact Text-Em-All support for assistance. We're here to help you maintain compliance while maximizing the effectiveness of your communications.