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Last updated on 6 December 2021
New rules have been implemented for debt collection digital communications in the United States of America (USA). These new rules impact on how companies in the USA can use SMS messaging for the debt collection notifications.
The Federal Trade Commission (FTC) has issued rules on debt collection digital communications in terms of the Fair Debt Collection Practices Act of 2010 (FDCPA). These regulations are titled the Debt Collection Practices (Regulation F) of October 2020, which come into effect from 30 November 2021.
The following rules apply specifically to SMS messaging used for sending debt collection communications in the USA:
These rules on debt collection digital communications give specific application to existing laws regulating commercial SMS messaging to ensure consumer protection in the USA, namely:
To enable organisation to comply with above applicable laws to SMS messaging, the Cellular Telecommunications and Internet Association (CTIA) promotes voluntary industry best practices.
The CTIA’s Messaging Principles and Best Practices provides a guide to running SMS campaigns in the USA in accordance with the above laws – TCPA and CAN-SPAM, including making use of opt-in processes to obtain written consent to receive SMS messages from a company (section 5.1.2), applying opt-out processes (section 5.1.3), and ensuring message content follows best practices (section 5.3).
Disclaimer: Please note that this regulatory information is not legal advice. Please consult with your legal counsel before running any campaigns.