Sending text messages through VSCO Workspace is a powerful way to connect with your clients to confirm bookings, remind clients of sessions, among other communications. Business text messaging is a highly regulated area so it’s important to understand best practices. This article explains the difference between promotional and transactional texts, what type of consent you need, and how to use Workspace in a compliant way.
Important Note: This article is provided for general informational purposes only. It should not be taken as legal advice. Laws and regulations can vary depending on your location and specific circumstances. You should consult your own legal counsel if you have questions about your obligations or how the laws apply to you or your business.
Transactional vs. Promotional Text Messages
Transactional Texts
What are they?: Service-related messages that fulfill or support an existing contract with a client.
Examples:
“Your portrait session is confirmed for July 15 at 3:00 PM.”
“Your photos are ready for your review!”
“Reminder: Your headshot session is tomorrow at 10:00 AM.”
Promotional/Marketing Texts
What are they?: Messages designed to promote your services or encourage clients to purchase services.
Examples:
“20% off family portraits this weekend!”
“We now offer back-to-school photography packages.”
“Book your summer photo session today. Spots are filling up!”
Why the Distinction Matters
Promotional texts need express written consent.
Transactional texts can usually be sent with implied consent because the client has booked a project.
Mixing the two by including both transactional and promotional content creates legal and compliance risks. For example, a text that says “You’ve successfully booked our Silver Package. Upgrade to our Gold Package for $49.99!” would be considered a promotional text and would require express written consent.
Sending a text without the right consents can violate laws such as TCPA, CAN-SPAM, GDPR, and CCPA.
Client Opt-Out Rights
Your clients always have the right to stop receiving text messages from you. Respecting these rights isn’t only a legal requirement, it also builds trust with your clients.
Key Rules
Every marketing message must include clear instructions on how to opt out (e.g., “Reply STOP to unsubscribe”).
Transactional messages should also honor opt-out requests.
Opt-outs must be processed immediately and clients should stop receiving texts without delay.
How Workspace Helps
Text messaging providers automatically recognize standard opt-out replies like STOP, END, CANCEL, QUIT or UNSUBSCRIBE.
Once a client opts out, they will be sent a confirmation and you will no longer be able to send any more messages through your text messaging integration within Workspace to that number.
Best Practices When Sending a Text through Workspace
Confirm if you’re sending a promotional message or a transactional message.
Do not send a promotional message unless you have already received express written consent from the client to receive promotional messages.
If your message contains a mix of transactional content and promotional content, treat that message as promotional and only send it if you’ve received consent to receive promotional messages from the client.
If a client has opted out of receiving text messages from you, do not send them any more text messages.
All text messages are being sent by you on behalf of your business and not by VSCO. You are ultimately responsible for the messages that you send in connection with your business to your clients or potential clients
If you have general questions about text messaging, please refer to the Text Messaging section of the VSCO Workspace Help Center.
