Strict RGPD and TCPA regulations... but fluctuating enforcement

Let's start with an initial observation... Between the regulators' guidelines on marketing consent and the way technology platforms like Meta apply them, it's sometimes hard to make sense of things.

On the one hand, the law is clear:
📌 Each marketing channel requires explicit consent (opt-in).
📌 A specific opt-in is required for each channel: SMS, e-mail, WhatsApp...
📌 In Europe, this is framed by the RGPD, and in the United States by the TCPA.

Logically, contacting a customer via WhatsApp without their explicit consent is forbidden. However, Meta has ambiguously changed its policy...

How have the opt-in rules changed since November 2024?

Before November 2024: a strict framework

Until November 2024, everything was simple: WhatsApp forbade all marketing mailings without explicit opt-in. The rule was clear, and companies attempting to contact customers without authorization risked sanctions.

Since November 2024: a strategic blur...

Now, reading Meta's latest policy, you'd think that an SMS opt-in would be enough to send messages on WhatsApp.

📌 Problem: The law hasn't changed.
📌 Another problem: Meta continues to punish abuse.

So, has Meta really liberalized WhatsApp opt-in, or has it simply changed its communication to gain ground on Google and its RCS?

Is it now possible to contact customers directly on WhatsApp?

Let's be clear:
✅ The law still imposes a specific WhatsApp opt-in.
✅ Meta has relaxed its policy on paper, but still punishes abuse.
✅ WhatsApp doesn't want to become a spam nest like e-mail in the 2000s.

Proof of his prudence:

• 📌 F rom 01/04/2025, WhatsApp marketing messages will be banned in the US for +1 numbers.
• 📌 In India and the MENA zone, Meta has imposed a strict limit on the number of marketing messages per number to prevent abuses.(source)

Meta is therefore applying a "flexible but controlled" strategy to prevent WhatsApp from becoming a spam-saturated platform.

Why has Meta changed its opt-in policy if nothing has changed?

One of the main reasons for this is competition with Google and its RCS.

RCS (Rich Communication Services), often presented as the successor to SMS, has a key advantage: it only requires SMS opt-in to send messages.

📌 Meta couldn't afford to be too restrictive in the face of this more permissive model.
📌 On the surface, then, it has relaxed its policy... without actually opening the floodgates.

This development comes at a strategic moment:

• Google announces that RCS will soon be compatible with iOS.
• Corporate marketing budgets allocated to messaging are exploding.

Meta wanted to send a subliminal message to brands:

👉 "Look, WhatsApp is no more complicated than RCS, keep investing with us."

Our tips for an effective WhatsApp opt-in strategy

Make sure you get a clear, documented opt-in

The first WhatsApp message sent must include a reminder of the consent obtained and a simple unsubscribe option.

📌 Examples of compliant messages:

• 🟢 "You are receiving this message because you have accepted our offers by SMS. Would you like to continue receiving them on WhatsApp? Answer YES to confirm."
• 🟢 "We're sending you this message by SMS, but you can also receive our notifications on WhatsApp. Answer YES to accept."

Respect customer preferences

✅ If a customer refuses WhatsApp, keep their SMS or e-mail preferences (unless they explicitly ask not to be solicited at all).
✅ Don't bombard your prospects with unsolicited messages. Excessive sending could :

• 💀 Have your number banned by WhatsApp.
• 📉 Damage your brand image.

Never buy unqualified databases

Sending a WhatsApp to a stranger? Bad idea.
Even with a great offer, the customer hasn't asked for anything.

The result? Flagging, blocking, and a restricted account.

Conclusion: An opportunity, but with caution!

📌 WhatsApp opt-in remains mandatory despite Meta's apparent relaxation.
📌 Meta still monitors and punishes excesses.
📌 The aim is to preserve WhatsApp as a quality channel, not a spam channel.

👉 O ur advice from MessagingMe: Be strategic, be responsible, and don't kill the goose that lays the golden eggs!

🚀 Need to optimize your WhatsApp strategy and ensure compliance?

Contact us today!