Complying with Privacy Regulations for Text Messaging for Nonprofits

Text messaging can be a fantastic tool to have in your donor fundraising toolbox. It has a 90% open rate, which outperforms all other direct donor marketing channels. Recently, however, more rules and regulations have been put in place than ever before about whom you can contact and when.  

Users, donors, and the public have more control over their data than they have in the past. Overall, this is a good thing because we all want to be in control of who can see information about us. However, this also means that there are privacy protections in place that keep nonprofits from reaching as many donors as they might want to. 

10DLC Registration and Regulations 

Most text messaging providers require 10DLC (10-Digit Long Code) registration, which assigns a unique, 10-digit or short code number to your organization. This process verifies your identity, similar to how a domain name validates an email sender’s authenticity. Although some flexibility remains in enforcing 10DLC registration, failing to complete this step can lead to reduced message deliverability and increased spam filtering. Choosing a provider that mandates 10DLC registration is recommended to ensure compliance and maximize engagement. 

Implied-Consent Regulations 

Under the Telephone Consumer Protection Act (TCPA), nonprofits may use implied consent to contact supporters who have previously provided their phone numbers. However, messages cannot be sent to numbers listed on the National or State Do Not Call (DNC) lists. 

When building a contact list, nonprofits should: 

• Cross-check donor phone numbers against national and state DNC lists

• Honor previous opt-out requests to maintain donor trust 

• Understand that nonprofit regulations are generally less restrictive than those for retailers, but they still require diligence

Website Privacy Policies 

Transparency is key to maintaining donor trust. Clearly outlining how donor data is collected, stored, and used ensures compliance and reassures supporters. Best practices for privacy policies include: 

• Stating that donor data will not be sold or shared without consent

• Explaining how donors can control their communication preferences 

• Ensuring easy access to privacy policies on websites and donation pages

Affirmative Opt-In 

Encouraging donors to opt in affirmatively improves engagement and ensures compliance. The more proactive donors are in subscribing, the more likely they are to remain receptive to messages. Strategies for increasing opt-ins include: 

• Adding opt-in checkboxes to donation and contact forms

• Displaying keyword-based opt-in instructions at events and on marketing materials

• Allowing donors to opt in via website forms, text keywords, or donation pages

• Recognizing that once a donor opts in through an affirmative action, their number is exempt from DNC restrictions 

Donor Communication Preferences

Nonprofits should align text messaging practices with donor preferences across all communication channels. Considerations include: 

• Honoring existing CRM flags (e.g., Do Not Call, Do Not Solicit) as indicators of donor intent

• Providing clear opt-out options within text messages to maintain compliance

• Regularly reviewing donor engagement data to refine messaging strategies 

State-Specific Privacy Regulations 

Nonprofits operating in multiple states must be aware of regional regulations, including: 

• California Consumer Privacy Act (CCPA), which grants California residents greater control over their personal data

• Virginia Telephone Privacy Protection Act, which restricts certain unsolicited communications 

• Oklahoma Telephone Solicitation Act of 2022, which imposes stricter rules on telemarketing and text messaging

Adhering to privacy regulations for nonprofit text messaging ensures legal compliance, enhances donor trust, and improves engagement.

Learn more about text message marketing for nonprofits in our Quick Byte webinar How to Launch Your Nonprofit’s Text Messaging Fundraising Program with Katie Damico, Vice President of Digital Operations for TrueSense Marketing.