RCS Compliance & Governance

Overview

RCS messaging power comes with regulatory responsibility. One misstep—sending to someone who didn't opt in, data breach, missing disclosures—and you face substantial fines, legal liability, and brand damage.

Our Compliance & Governance service ensures your RCS program operates within regulatory requirements while building trust with customers.

Regulatory Landscape

United States

TCPA (Telephone Consumer Protection Act)

• Requires written consent before sending RCS/SMS
• Applies to marketing, transactional, and other messages
• Penalties: Up to $500-$1,500 per violation
• Applies to: All businesses in US with US customers

State-Level Laws

• Additional requirements in California, New York, Connecticut, Illinois
• Caller ID requirements
• Data retention rules
• Penalties can exceed federal TCPA

COPPA (Children's Online Privacy Protection)

• Special rules for messaging to minors
• Extra consent requirements
• Disclosure requirements

Industry-Specific (HIPAA, FINRA, etc.)

• Healthcare: HIPAA patient privacy requirements
• Finance: FINRA, GLBA regulations
• Telecom: FCC requirements
• See industry-specific section below

Europe & Global

GDPR (General Data Protection Regulation)

• Applies to any business with EU customers
• Requires affirmative opt-in (double opt-in for marketing)
• Right to be forgotten
• Data retention requirements
• Penalties: Up to 4% of global revenue

UK PECR (Privacy and Electronic Communications)

• Similar to GDPR for UK
• Separate consent requirements
• Right to opt-out

Other Jurisdictions

• Australia: Spam Act
• Canada: CASL
• Brazil: LGPD
• Each has specific requirements

Our Compliance Services

Initial Compliance Audit

We audit your RCS program across:

Consent Management

• How are you collecting consent?
• Is it documented properly?
• Is it affirmative vs. passive?
• Can you prove consent for each customer?

Data Privacy

• What data are you collecting?
• How is it stored and protected?
• Who has access?
• How long do you retain it?

Message Content

• Does each message comply with regulations?
• Do you disclose your identity?
• Do you include required information?
• Are disclosures clear and prominent?

Opt-Out Processes

• Can customers easily opt out?
• How quickly do you process opt-outs?
• Is it one-tap or do they have to jump through hoops?
• Are you honoring opt-outs?

Documentation

• Do you have audit trails?
• Can you prove compliance if challenged?
• Are policies documented?
• Is training documented?

Outcome: Comprehensive report showing compliance gaps and recommendations

Governance Framework Development

We build policies and processes:

Consent Management Framework

• How and when you collect consent
• Documentation requirements
• Consent verification procedures
• Regular consent refresh processes
• Opt-in/opt-out procedures

Data Privacy Policy

• What data you collect and why
• How long you retain it
• Who has access
• How it's protected
• Customer rights and how to exercise them

Message Content Guidelines

• What must be included in every message
• Prohibited content
• Disclosure requirements
• Language and tone standards
• Industry-specific requirements

Compliance Approval Process

• How new campaigns are reviewed for compliance
• Who approves before launch
• Documentation of approval
• Escalation procedures for violations

Incident Response Plan

• How to respond to regulatory complaints
• How to handle data breaches
• Who to notify and when
• Legal escalation procedures

Training & Accountability

• Team training on compliance requirements
• Annual recertification
• Individual accountability
• Consequences for violations

Audit & Monitoring

• Regular compliance audits (quarterly, semi-annual, annual)
• Metrics to monitor compliance
• Alerting for potential violations
• Remediation procedures

Outcome: Documented, approved governance framework your team can follow

Industry-Specific Compliance

We have expertise in regulatory requirements across:

Healthcare (HIPAA)

• PHI handling in RCS
• Patient consent requirements
• Data encryption and security
• Business Associate Agreements
• Breach notification procedures
• HIPAA-compliant message design

Financial Services (FINRA, GLBA)

• Customer identification
• Disclosure requirements
• Record retention
• Monitoring and supervision
• Prohibited practices
• Compliance documentation

Retail & E-Commerce

• Consumer protection laws
• False advertising prevention
• Refund/return notifications
• Product safety disclosures
• Age-restricted products

Cannabis & Alcohol

• Age verification requirements
• Geographic restrictions
• Advertising limitations
• Tracking and identity verification

Telecommunications (FCC)

• Caller ID requirements
• Do-Not-Call compliance
• Accessibility (ADA)
• Emergency services notification

Outcome: Tailored compliance program for your specific industry

Consent Management

Properly managing consent is critical:

Consent Collection

• Clear, affirmative opt-in process
• What are customers opting into? (specific disclosure)
• How often can you message them?
• Can they opt in for some message types but not others?
• Documented proof of consent

Consent Documentation

• Date and time of consent
• What they consented to exactly
• How they provided consent (checkbox, signature, etc.)
• IP address and device information
• Audit trail for verification

Consent Preferences

• Frequency preferences (how often)
• Message type preferences (promotional vs. transactional)
• Channel preferences (RCS vs. SMS vs. email)
• Time preferences (don't message after 9 PM)

Consent Refresh

• Periodically re-confirm consent
• Honor changes in preferences
• Remove non-consenters from lists

Tools & Systems

• We integrate with consent management platforms
• Build consent workflows in your CRM
• Automate consent documentation

Outcome: Auditable, documented consent management

Data Privacy & Security

RCS messaging often involves sensitive customer data:

Data Classification

• Identify what data is sensitive
• Classify by sensitivity level
• Determine retention periods
• Define access controls

Encryption & Security

• Data in transit (API encryption)
• Data at rest (database encryption)
• Access controls and authentication
• Regular security testing

Data Retention

• How long do you keep message data?
• How long do you keep customer data?
• What's your deletion procedure?
• Are backups secure?

Third-Party Management

• RCS platform security requirements
• Vendor assessment procedures
• Data processing agreements
• Breach notification requirements

Incident Response

• How to respond to potential breaches
• Notification requirements and timing
• Legal and regulatory escalation
• Customer communication

Outcome: Documented data privacy program aligned with regulations

Compliance Monitoring & Audit

Ongoing monitoring catches problems early:

Automated Monitoring

• Message content screening
• Opt-out compliance checking
• Frequency violation detection
• Missing disclosure detection

Regular Audits

• Quarterly review of representative campaigns
• Annual comprehensive audit
• Post-incident audit for violations
• Third-party audit (optional)

Metrics & Dashboards

• Compliance score by campaign
• Opt-out processing time
• Consent coverage
• Data retention
• Audit findings and remediation status

Continuous Improvement

• Document lessons learned
• Update policies and procedures
• Retrain team as needed
• Evolving regulatory landscape review

Outcome: Proactive identification and remediation of compliance issues

Legal & Documentation

Ensuring you can prove compliance if challenged:

Policy Documentation

• Written governance policies
• Procedures and checklists
• Decision-making documentation
• Approval records

Audit Trail

• Message send records
• Consent documentation
• Opt-out requests and responses
• Complaints and resolutions
• Compliance reviews

Compliance Certification

• Annual certification by management
• Documented board/committee review
• Training completion records
• Third-party audit reports

Legal Escalation

• When to involve legal counsel
• How to respond to regulatory inquiries
• Settlement negotiation support
• Litigation support

Outcome: Documentation that demonstrates good-faith compliance efforts

Common Compliance Gaps We Find

Weak Consent:

• Passive opt-in ("unchecking this box means you're in")
• Unclear what customers are consenting to
• No documentation of consent
• Can't prove consent if challenged

Missing Opt-Outs:

• No opt-out option in messages
• Customers have to jump through hoops to unsubscribe
• Delays in processing opt-outs
• Continuing to message after opt-out

Poor Data Security:

• Customer data not encrypted
• Inadequate access controls
• No data retention policy
• Inadequate vendor management

Inadequate Disclosure:

• Messages don't identify your company
• No opt-out information
• Privacy policy not linked
• Industry-specific disclosures missing

Industry-Specific Issues:

• Healthcare sending PHI insecurely
• Finance without proper disclosures
• Age-restricted products to minors
• Geographic restrictions not respected

Lack of Documentation:

• Can't prove you tried to be compliant
• No audit trail
• No policy documentation
• No training records

We help you avoid all of these.

Timeline for Compliance Program

Phase 1 (Weeks 1-2): Assessment

• Audit current program
• Identify gaps
• Document findings
• Scope governance framework

Phase 2 (Weeks 3-4): Framework Development

• Create governance policies
• Develop procedures
• Design monitoring system
• Identify technology needs

Phase 3 (Weeks 5-6): Implementation

• Deploy governance framework
• Implement monitoring
• Train team
• Update campaigns to comply

Phase 4 (Weeks 7+): Ongoing

• Regular monitoring
• Quarterly audits
• Annual compliance certification
• Continuous improvement

Investment & ROI

Building a compliance program requires investment, but consider the alternative:

TCPA violation: $500-$1,500 per message to non-compliant recipients

• Send 100,000 messages without proper consent? That's $50-150M in liability

GDPR violation: Up to 4% of global revenue

• Even moderate violations typically mean 6-7 figure fines

Data breach: Average cost is $4.2M

• Notification costs, legal fees, regulatory fines, brand damage

Proper compliance: $5,000-50,000 depending on program scope and complexity

• Insurance against massive liability
• Builds customer trust
• Enables aggressive marketing without risk

Getting Started

Your compliance journey:

1. Assess - We audit your current program
2. Plan - We design a compliance program
3. Implement - We help you build governance
4. Monitor - We set up ongoing monitoring
5. Improve - We conduct regular audits and refinement

The goal: A compliant RCS program that scales confidently.

Let's build a program that protects your business and respects your customers.