Learn how Swell handles messages during holidays and after hours
This help article does not constitute legal advice. Please seek professional legal advice in determining whether your messaging activities complies with applicable regulations. The tools and guidelines provided by Swell that are described below are provided as a convenience and do not make any guarantees with respect to messaging compliance.
Swell's automatic rescheduling
By default, if a message would be scheduled after hours or on certain major holidays, Swell will postpone sending that message until the next available morning.
After Hours is defined in Swell as between 9:00 PM and 9:00 AM, with the recipient's timezone assumed to be the same as the timezone of the sending location (or sending brand, if location timezone is not configured). If you have contacts who reside in a different timezone, you are responsible for accounting for their local quiet hours.
The TCPA legally prohibits sending SMS messages to consumers after hours. Rare exceptions are allowed when the recipient has granted explicit consent to receive messages overnight, or in response to a real-time conversation or transaction initiated by the recipient (for example, receiving a confirmation text after submitting a form for emergency care after hours).
Holiday rescheduling applies to the entire day for certain major U.S. holidays, which currently include:
- Thanksgiving Day
- Christmas Eve
- Christmas Day
- December 26th
- New Year's Eve
- New Year's Day
Overriding holiday and after-hours rescheduling
If your use case necessitates sending text messages on holidays or after hours and you have the appropriate consent from recipients, you can override Swell's default rescheduling and send messages during these times.
Be very cautious when sending SMS messages at irregular times!
You are wholly responsible for the content, timing, and compliance of your outbound messages. Failure to comply with applicable regulations or Swell's terms of service can lead to legal penalties including fines and suspension or termination of your messaging capabilities.
Automated messages. Messages scheduled by automations will always be rescheduled when applicable and cannot be overridden.
Conversational messages. Non-template messages sent manually in 1-on-1 conversations via the Message Inbox are not subject to automatic rescheduling and do not require a manual override. This is to facilitate timely conversational responses in urgent situations such as coordinating emergency care. They should not be used to initiate contact with a recipient after hours. Inappropriate use of this channel is subject to the same regulations and consequences as any other message.
What about email?
Email-only campaigns and templates are not subject to holiday or after hours restrictions. If you would like to send a message after hours or on a holiday that is not covered by an exception, Swell recommends using email to reach your audience.