This article covers the legal consent requirements for email, SMS, and voice communication in Messages XR Enterprise, including CAN-SPAM, TCPA, and FCC rules, and the types of messages that are explicitly forbidden.
đź’ˇQuick answers
- Do email recipients have a legal right to opt out of school messages? Yes, CAN-SPAM regulations require that all marketing and non-emergency emails include an opt-out mechanism that is honored within 10 business days.
- Is prior consent required before texting parents and students? Yes, TCPA requires prior express written consent before sending automated SMS messages to mobile numbers for non-emergency purposes.
- What hours are restricted for automated SMS and voice message delivery? Automated calls and texts generally cannot be sent before 8 a.m. or after 9 p.m. in the recipient's local time zone.
- Do blackout hour restrictions apply to emergency messages? No, genuine emergency messages are exempt from blackout hours and may be sent at any time.
- What types of message content are prohibited in school communications regardless of channel? Certain content categories are forbidden outright — including SHAFT-related content, debt collection, gambling promotions, and high-risk financial messaging — regardless of delivery method or whether the message qualifies as an emergency.
Email consent requirements
According to the CAN-SPAM Act, recipients must be able to opt out of receiving future emails. Organizations have 10 days to comply before legal action can be taken. The GDPR (General Data Protection Regularion) in the EU prohibits sending unsolicited emails without prior consent. Consent must be explicit informed and freely given.
SMS/Text and Voice consent requirements
According to the FCC (Federal Communications Commission), students, parents, and faculty who provide mobile numbers to schools are effectively granting consent to receive SMS text messages for “important information" — sent as Important Announcements, Urgent, or Emergency messages — as well as sending out non-emergency messages related to the school's "educational mission."
Automated text messages and recorded voice messages are required to comply with the Telephone Consumer Protection Act (TCPA). Per the TCPA, text communication must occur between the hours of 8 a.m. and 9 p.m.
Important Note on Emergency/Urgent Messages
The timeframe offered by the TCPA doesn't include communication that would fall into the category of "Emergency/Urgent" messages, such as school closures or emergency events that take place.
Forbidden messaging
A few types of messages are explicitly forbidden with any mode of communication:
- High-risk financial services
- Third-party lead generation services
- Debt collection or forgiveness
- “Get rich quick” schemes
- Illegal substances
- Gambling
- "S.H.A.F.T." use cases