Conventional SMS / voice call marketing in the US requires explicit marketing consent under Telephone Consumer Protection Act (TCPA) of 1991.
However certain transactional use cases are exempt from marketing consent rules. Every day use cases of this exemption include:
calling / texting a customer to let them know there’s a problem with delivery.
helping a user sign into a service via an SMS One-Time passcode.
allowing a user to complete a purchase they began on the website.
In accordance with industry-wide shifts away from transactional messaging for cart recovery, OneText no longer supports transactional recovery unless specifically requested. Our cart recovery messages are still designed to help users complete orders that they begin on your website. We also respond to questions from shoppers.
In lieu of transactional recovery, we recommend all brands use a well-built opt-in form to ensure explicit consent from shoppers.
Opinion from OneText Counsel Adam Heller of Technology Law Partners
From February 7, 2022:
In short, the court confirmed your instinct - this type of [cart recovery] message is ‘transactional’. And there is no issue with a short time delay. If you waited a year, I could see an issue, but waiting days or even weeks would reasonably be deemed the same transaction.
In the past, OneText has relied on established legal precedent to send transactional cart recovery messages. This option is no longer available unless specifically requested.
This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney to ensure your SMS practices are compliant with all applicable laws and regulations.