Receive consent before any message can be sent.
 

• You are legally required to receive consent before any messages can be sent. This is why the opt-in is not only vital to success, but mandatory and legally required.

Opt-in language from the Digital Guest Waiver or Web Lead Form will help your prospects and members understand what kind of text messages will be sent to them.  

Keep a record of the Prospect or Member's Opt-In, and Opt-Out information. 
 

• Even if the prospect or member opts-out, you must retain how they were opted-in to collect appropriate records in the first place.  

ClubOS will store the consent record for you, automatically.  

You can find this record under User Settings > Communication Preferences.

• We will also track the opt-in status in the Lead or Member Notes, as to the time of all opt-ins/outs and how they opted-in (like through a Web Form or Digital Guest waiver).
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ClubOS will automatically gather ongoing consent on the next text message, if you have not texted that individual in over 30 days.

• The SMS opt-out messaging that can be applied reads:
  • “| To stop these messages, reply STOP” (36 characters).
  • NOTE:  This message will be applied without notification, as every individual is on a different schedule. 
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• ClubOS will not share your clients' contact information with anyone without your written consent.
• ClubOS's Onboarding Team will cover your SMS Opt-in language when we open your account to discuss how we use contact information to communicate through ClubOS .
• We also provide a standard SMS Opt-In language for you, if desired.  It covers all aspects of the kinds of messaging a client will receive, by default.

• ClubOS will not share your clients' and prospects' information with anyone without your prior written consent, which includes the opt-in or opt-out data.
• At the same time, you are not able to transfer your clients contact information to any other businesses outside of ClubOS, as it would violate the initial opt-in understanding that the prospect or member agreed to. 

• Club OS will help you gather and maintain the prospect's or member's opt-in as much as possible. 
• Where appropriate, there are permissions and preferences that can affect the status of the opt-in for your prospects and members.  If you have any questions about the nature of your opt-in or opt-out capabilities, please contact ClubOS Support. 

• It is always helpful to let the prospect or member know who you are, by identifying yourself in your text messaging.
  • It is possible that the client could ignore your text message, or even report it as spam with their carriers, if they do not recognize you as a known contact.   
  • ClubOS offers Dynamic Content and Merge Tags in your marketing tools to help you easily identify your clubs, locations, and employee names in your marketing and text campaigns. 

• ClubOS will automatically add an opt-out message at the end of every individual's text message, if they have not been contacted by text in the last 30 days.

• This can happen when you try to resubmit the same campaign without any content updates, especially if you do not include a personalized message.
  • Workaround - use {{recipient-first}} in your SMS template to personalize it automatically and introduce some variation in case the offer is exactly the same:
    • Campaign 1: “Hi {{recipient-first}} this month’s special is $1 to start!”
    • Campaign 2: “Hi {{recipient-first}} don’t miss out on our $1 to start special!”
    • The initial "Hi {{recipient-first}}" text increases the chances of subsequent messages being allowed through by the mobile carrier, especially if you plan on sending a link afterwards.
• Adding variation would potentially reduce the risk of creating a certain pattern that could be viewed as suspicious by carrier.

• “Phishing” messages intended to access private or confidential information through deception.  Examples include:
  • Shortened URLs that could be interpreted to hide malicious content, such as malware or viruses.
  • Asking for secure information like account numbers or payment information via text messaging. 
  • Asking for personal information like a mother's maiden name, or your street name where you grew up

Do not use information related to Cannabis or CBD.

The United States has federal laws that prohibit its sale, even though some states have legalized it.

• Similarly, messages related to CBD are not permissible in the United States, as certain states prohibit its sale. A cannabis related message is any message which relates to the marketing or sale of a cannabis product, regardless of whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites.
• Offers for drugs that cannot be sold over-the-counter in the US/Canada are forbidden.

• Offers for prescription medication that cannot legally be sold over-the-counter are prohibited in the United States.
• Similarly, messages related to CBD are not permissible in the United States, even though some states have legalized it, and offer prescriptions.  

Do not use any content that is designed to intentionally evade filters.

Avoid using content like:

• A shortened link (such as “bit.ly” or “tiny.url”)
  • URLs that redirect more than once are frowned upon because they can hide the real website destination from the consumer, possibly resulting in a fraudulent destination.
  • The carriers' spam filters are checking for URLs with multiple redirects, and messages containing them are likely to be blocked
  • NOTE:  If your URL has changed, or is not accessible anymore since the last time it was sent, that could cause an issue as well.
     
• Intentionally mis-spelled words that are intentional to evade filters (such as med!c@t!on" or "C@nn@bys").

• Unlawful, harmful, abusive, malicious, misleading, harassing, excessively violent, obscene/illicit, or defamatory;
• Deceives or intends to deceive (e.g., phishing messages intended to access private or confidential information);
• Invades privacy;
• Causes safety concerns;
• Incites harm, discrimination, or violence;
• Is intended to intimidate;
• Includes malware;
• Threatens Consumers; or
• Does not meet age-gating requirements.

• Do not use text messaging to alienate, berate, or force your prospects and members to engage with your text messages. 
• Be careful of branding or messages that could be interpreted as too aggressive, especially if you run a Boot-Camp-like program.  
• Example:

• Make sure you have accurate time settings for all of your campaigns.
• Check your Company Follow-Up Contact Settings to ensure that automatic responses do not go out to prospects and members at unusual hours.   

Avoid lengthy/marketing-heavy messages. This especially applies to your first-ever SMS message to a Prospect or Member.

• Example:

  • 

  • This message is over 150 characters, and will count toward your Text Usage as two Segments for every individual recipient, which could cause overages in billing. 
  • This message says a lot, however, it does not have a conversational tone - responses may be limited, and not very successful. 
  • Note the SMS Opt-Out tag at the end.  It consumes 36 extra characters that may not be needed on the first text message sent. 

All calls-to-action must be clearly and unambiguously displayed. Recipients must be made aware of what they are signing up to receive relating to a specific program.

• Example:
  • If you are directing a Prospect to buy a membership with a website link, and instructions on what is to be done. Make sure the link to the website is clear, and not hidden in a shortened link, or has an unusual spelling or link path. 

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• Messages should not contain phone numbers that are assigned to or forward to unpublished phone numbers, unless the owner (i.e., a person or legally registered business entity) of such phone numbers is unambiguously indicated in the text message.
  • Example: 
    • Clearly display your phone number in the text message.  This should directly connect to an established, published phone number for your business, or employee. 

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