One of our readers recently reached out after being banned from Mailchimp, suspecting it was due to a promotional text about Botox. We won’t name names (your secrets are safe here!), but this story is a cautionary tale for all medspa owners. Getting banned from your marketing platform is frustrating enough, but worse yet, violations of SMS marketing laws can result in hefty fines—and those can really sting.
Here’s the thing: just because you’ve unknowingly been doing something wrong doesn’t mean you should keep doing it. The rules exist for a reason, and they don’t just protect consumers—they also safeguard your business. So let’s talk about what not to do, what you should do instead, and how to keep your SMS marketing compliant and effective.
The TCPA (Telephone Consumer Protection Act)
The TCPA is the primary law governing SMS marketing. It requires businesses to:
- Obtain Express Written Consent: You can’t send promotional texts unless recipients have explicitly agreed to receive them. Consent must be clear, and pre-checked boxes don’t count.
- Provide Opt-Out Instructions: Every text must include instructions on how to stop receiving messages (e.g., “Reply STOP to unsubscribe”). You know these, pre-election they were fast and furious!
- Respect Timing Restrictions: Texts can only be sent between 8:00 AM and 9:00 PM local time for the recipient.
- Avoid Misleading Content: Misrepresentation in text messages can lead to fines.
The CAN-SPAM Act
Although originally written for email, parts of the CAN-SPAM Act apply to SMS marketing. These include:
- Accurate Identification: Texts must clearly state who is sending the message.
- No Misleading Information: Promotions must be truthful and not deceptive.
- Unsubscribe Mechanism: Similar to email, users must have a clear way to opt out.
Don’t Do This: Common SMS Marketing Mistakes
Mentioning Prescription Drugs Like Botox
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- Directly promoting prescription medications in text messages is risky. Platforms like Mailchimp often ban accounts for this, and you could run afoul of advertising laws. Avoid using terms like “Botox” or “Juvederm.”
Using Words Like “Free” Without Conditions
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- “Free” offers are heavily regulated. If you use the word, you must clearly disclose any conditions (e.g., “Free consultation with purchase of $250 in services”).
Sending Unsolicited Texts
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- If someone hasn’t explicitly signed up for your SMS list, don’t send them texts. Period.
Skipping Opt-Out Instructions
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- Every text must include a way for recipients to unsubscribe. Forgetting this could land you in serious trouble.
Do This Instead: Best Practices for SMS Marketing
Use Teasers and Links
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- Instead of naming specific treatments like Botox, try teasing the benefits and linking to your website for more information. For example:
- “Ready to look refreshed this holiday season? Click here for exclusive offers: [link].”
- Instead of naming specific treatments like Botox, try teasing the benefits and linking to your website for more information. For example:
This approach not only keeps your texts compliant but also drives traffic to your website.
Highlight Skincare Discounts Wisely
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- Skincare discounts are generally okay to promote, but be clear about any terms. For example:
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- “Spend $100 on skincare, get $20 off your next purchase! [link].”
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- Skincare discounts are generally okay to promote, but be clear about any terms. For example:
Focus on Benefits, Not Brand Names
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- Instead of saying, “Get Botox for $10/unit,” try, “Smooth fine lines and wrinkles with our special holiday pricing! [link].”
Keep It Short and Sweet
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- SMS messages have a limited character count, so focus on creating curiosity and directing users to your website for full details.
What If You’ve Been Doing It Wrong?
If you’ve been sending texts without consent, promoting prescription medications, or skipping opt-out options, don’t panic. But don’t keep doing it either! Here’s how to course-correct:
- Stop Sending Non-Compliant Texts Immediately.
- Audit Your Practices: Review your current SMS marketing strategy and ensure it aligns with TCPA and CAN-SPAM regulations.
- Rebuild Trust: Let your audience know you’re committed to respecting their preferences. For example, send an email offering a new opt-in opportunity for SMS updates.
Why Linking to Your Website Solves Many Problems
By using SMS messages to tease promotions and direct users to your website, you:
- Avoid Overloading Your Texts with Disclaimers: Full details and disclaimers can live on your website.
- Stay Compliant: A teaser keeps your messages compliant with advertising laws.
- Drive Traffic: Linking to your site increases clicks and engagement, boosting your online visibility.
Final Thoughts
SMS marketing can be a powerful tool for medspas—but only if you use it wisely. Compliance isn’t just about avoiding fines; it’s about building trust with your audience and ensuring your marketing efforts are sustainable in the long term. By following the guidelines above, you can keep your texts compliant, effective, and engaging.
Need more help? Download our Free SMS Marketing Compliance Checklist and start creating campaigns that work for your business—not against it.
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