Several member-dentists have contacted CDA’s practice analyst wanting to know if they were complying with the current rules on business-to-consumer texting. The dentists had heard about industry standards intended to reduce the number of texts or “robotexts” by spammers and scammers.
The Telephone Consumer Protection Act requires mobile service carriers to block nonemergency text messages that are sent to individuals by an automated telephone dialing system (ATDS) unless the recipient has given their prior consent to receive such messages. The Telephone Consumer Protection Act defines ATDS as equipment that can store and produce telephone numbers that can be dialed or texted automatically using a random or sequential number generator — human intervention not required.
A newer standard, often called the 10DLC rule, took effect in December 2024. Businesses are required to comply with these rules if they send promotional and transactional texts to consumers. Some dentists may have been contacted by vendors offering services to help them comply.
Regulations ‘closed a loophole’ in consumer protections
The Federal Communications Commission regards robotexts as especially dangerous because the phone numbers used are often invalid and sometimes spoof legitimate numbers. And because the recipients view the text messages by default, they are required to engage with them, even if they are only deleting them. The FCC stated that the protections closed a loophole that allowed companies “to use a single consumer consent to deliver robocalls and text messages from multiple — perhaps thousands — of marketers on subjects that may not be what the consumer had in mind.”
In worst cases, an individual can become the victim of a phishing scam by following a malicious link in a text.
The Telephone Consumer Protection Act similarly prohibits phone calls made by an ATDS or using an artificial or prerecorded voice unless the recipient has given their prior consent to receive such calls.
Are your business texts getting through?
The 10DLC rules now require business owners who send marketing texts to individuals to register a single 10-digit phone number and other information into a centralized database called The Campaign Registry. Business owners who outsource their promotional text messaging must ensure the company they’re contracted with also complies by registering a single10-digit phone number in the registry.
Noncompliance with the Telephone Consumer Protection Act and the 10DLC standard will not only result in blocked text messages but could lead to hefty fines from mobile carriers, as well as awards for statutory damages brought through individual consumer and class action lawsuits.
Enforcement underway: How to register a phone number
All businesses in or outside the U.S. that use a 10-digit phone number known as a 10-digit long code or 10DLR to send promotional and transactional (nonemergency) text messages to individuals in the U.S. must:
- Register their 10DLC and their company name or brand, phone number(s) and other information in The Campaign Registry (effective Dec. 1, 2024).
- Work with a registered messaging service provider, also called a CSP, to register the required information on their behalf. The CSP typically will be the same company a business contracts with to provide marketing services on behalf of the company through text messaging. Many dental practices use a CSP for appointment reminders.
Dentists who have questions about following the standard should contact their marketing or texting services provider to discuss compliance. CDA members who continue to have unresolved issues can contact CDA’s practice analyst for support.
