Text Messaging Policy

Purpose

To protect students, faculty and staff from unwanted text messages by complying with the Telephone Consumer Protection Act (TCPA) and Controlling the Assault of Non-Solicitation Pornography and Marketing Act of 2003 (CAN-SPAM Act).

Definitions

Call to Action

An invitation to an individual to opt in to a text messaging campaign. The primary purpose of the call to action is to ensure that an individual consents to receiving messages and understands the nature of the messages.

Consent

Permission given to the College by a text message recipient to communicate via text message. Consent is required in all cases except emergencies; the type of consent required may vary depending on the purpose of the intended message.

Conversational Message

A back-and-forth conversation via text messaging that takes place between one or more individuals.

Emergency Messages
Text messages that affect the immediate health and safety of the College community. These situations include weather closures, fires, health risks and other threats to safety.

Informational Messages

Text messages sent to individuals who have shared their phone number with the College and have asked to be contacted in the future. These messages may include appointment reminders, welcome texts and other non-emergency informational texts.

Mass Text Messages

Identical or substantially similar text messages that have been sent to more than 10 phone numbers, in one or more batches.

Official College Purpose

The reason for which an individual will send a text message in their capacity as a College employee.

Opt In

An action by which someone requests to receive communications via text message. Only individuals that have opted in to text messages will receive text messages.

Opt Out

An action by which someone who receives text message communications indicates that they no longer want to receive text messages from the College. Individuals who opt out will no longer receive text messages from the College.

Promotional Messages

Text messages that contain sales or marketing promotion. Adding a call-to-action to a message (e.g., a coupon code to an informational text) may place the message in the promotional category.  

Unwanted Messages

Text messages such as unsolicited bulk commercial messages (i.e., spam); “phishing” messages intended to access private or confidential information through deception; other forms of abusive, harmful, malicious, unlawful or otherwise inappropriate messages; messages that required an opt-in but did not obtain such opt-in (or such opt-in was revoked); and unwanted content.

Policy

This policy applies to any text messaging application or system purchased, administered and/or created with College resources that sends batch messages to 10 or more recipients. No other system may use Minnesota State Community and Technical College’s name, logos, name plates, icons, branding or any other College indicia without written permission from the dean of integrated communications.

Consent/Opt In

Consent is required to receive communications via text messaging except for emergency communications.

How consent is given can vary based on the type of message:

• Conversational Messages - If the individual initiates the text message exchange and the College only responds to the individual with relevant information, then no verbal or written permission is expected (implied consent is given). If the message is initiated by the College, the individual must give their prior consent to be contacted via text message. Individuals may give permission over text, email, on a form, on a website or verbally.
• Informational Messages - Individuals must give express permission before the College sends them a text message. Individuals may give permission over text, on a form, on a website or verbally. Individuals may also give written permission. Consent must be clear and only applies for the purpose stated in the call to action.
• Promotional Messages - Individuals must give express written permission before the College sends them a text message. Individuals may sign a form, check a box online, or otherwise provide consent to receive promotional text messages. Consent must be clear and only applies for the purpose stated in the call to action.
• Emergency Messages - In situations involving the health and safety of the College community, the College may send automated texts to mobile phone numbers without prior consent.

Text Message Guidelines

Text messaging must not be used as the sole means of communicating an essential message or announcement. Text messages must be supplemented by some other means of communication, e.g. an email or paper notice, to ensure that all individuals, including those without a mobile phone, receive the message.

It must be clear from the content of the message being sent that the message is from the College, such that recipients can see immediately where the message originated, e.g., “M State,” “M State Student Life,” etc.

The College may send non-emergency messages that are closely related to its mission if the recipient has previously given express consent when their telephone number has been provided to the College. These may include informational texts about upcoming general school activities.

The College’s non-emergency text messages must, at a minimum, comply with the following:

• Be sent only to those individuals who have opted in
• Comply with applicable laws and regulations to reduce institutional risk
• Follow the College‘s best practices for communications
• Allow subscribers to opt out of receiving non-emergency messages at any time
• Communicate that standard data and text messaging rates may apply
• Communicate an opt out keyword (e.g., STOP) to opt out of further messages

Text messages must not be used to communicate:

• Personal matters (e.g., items for sale, farewell messages)
• Advertising or other commercial purposes not related to the College’s mission
• Personal or confidential information, including but not limited to TechIDs, StarIDs, social security numbers, passwords, financial information and grades
• Any content related to sex, hate, alcohol, tobacco or firearms

Faculty Text Messages

Mass text messaging by faculty must be limited to students currently enrolled in the faculty members’ classes. Students must consent to receiving text messages from faculty. Mass texts to students must contain class-related content.

Privacy

Employee cellular telephone numbers not issued by the College are considered private and may only be used with the employee’s consent. Employee cellular telephone numbers issued by the College are considered public under Minnesota Statutes Chapter 13 Minnesota Government Data Practices Act.

Student cellular telephone numbers are considered limited directory data and may only be used for purposes outlined in this policy and the College’s Confidentiality of Student Records Policy. The College will not share opt-ins to text campaigns with any third party for purposes unrelated to providing the services of that campaign. The College may share personal data, including text opt-in or consent status, with third parties that help provide messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist in the delivery of text messages.

All College-related text messages are considered government data regulated under the Minnesota Government Data Practices Act Minnesota Statues Chapter 13. 

Any device used to send College-related text messages is subject to provisions of Minnesota State system Board Policy 5.22 Acceptable Use of Computers and Information Technology Resources and related procedure 5.22.2 Cellular and Other Mobile Computing Devices.

References

Telephone Consumer Protection Act (TCPA) 

Controlling the Assault of Non-Solicitation Pornography and Marketing Act of 2003 (CAN-SPAM Act)

Minnesota Statutes Chapter 13 Minnesota Government Data Practices Act

Associated Policies and Procedures

Minnesota State Community and Technical College Confidentiality of Student Records Policy

Minnesota State system Board Policy 5.22 Acceptable Use of Computers and Information Technology Resources

Minnesota State system Procedure 5.22.2 Cellular and Other Mobile Computing Devices