With 65% of the global population sending and receiving SMS messages daily and 98% open rates, SMS marketing is a powerful and cost-effective way to engage maximum demographics in premium markets.
However, brands that leverage application-to-person (A2P) messaging software to send SMS texts must comply with global A2P regulations. Navigating these laws, especially in regions such as Latin America (LATAM), where rules constantly change, can be tricky. Understanding these regulatory changes ensures businesses maintain compliance, avoid legal issues, and enhance the end-user experience.
At Mitto, we make navigating these regulatory requirements effortless for you. Our dedicated team stays on top of global compliance trends so you don’t have to. Whether you’re sending messages in Brazil, Mexico, Argentina, Chile, or Peru, we ensure your brand always aligns with the latest A2P regulations. This allows you to focus on what matters most: growing your business.
Here’s a breakdown of LATAM’s key A2P messaging regulations, the latest trends, and how we help simplify compliance.
Please note that this content is for informational purposes only.
Brazil: Key Updates in A2P Compliance for 2025
Brazil remains one of the most promising markets in LATAM, but businesses must stay on top of the country’s evolving compliance framework, which ANATEL leads.
Key Regulations
- Mandatory Opt-In: Businesses must obtain explicit consent before sending A2P messages.
- Opt-Out Mechanism: All messages must include a clear opt-out option.
- Time Restrictions: No marketing messages before 9 AM, after 10 PM, or on Sundays. Note: Brazil spans multiple time zones.
- Content Restrictions: Promotional content must be clear and not misleading.
- Consent Expiration: Opt-in is typically valid for six to 12 months of inactivity.
How to Stay Compliant
- Use localized scheduling based on the recipient’s time zone.
- Implement a double opt-in flow for added transparency.
- Maintain up-to-date records of user consent.
Mexico: Messaging Regulations to Watch Out For
In Mexico, A2P messaging is regulated by the Federal Institute of Telecommunications (IFT) and data privacy laws such as the LFPDPPP.
Key Regulations
- Mandatory Opt-In: Explicit user consent is required before sending promotional messages.
- Privacy Regulations: Must comply with LFPDPPP—secure consent and provide clear privacy notices.
- Timing: While not legally fixed, the industry best practice is 8 AM to 8 PM.
- MNP (Mobile Number Portability): Platforms should detect number porting for accurate routing.
How to Stay Compliant
- Review and update privacy policies.
- Invest in consent and MNP management tools.
- Avoid high-pressure sales language.
Argentina: Changes in Customer Communication Laws
With a projected 15% increase in eCommerce sales, Argentina presents a significant opportunity—but one that requires strong compliance practices. More details are available via Argentina’s Consumer Defense Portal.
Key Regulations
- Mandatory Opt-In: Required before sending any promotional messages. Double opt-in is required in some sectors.
- Time Restrictions: Messages should be sent between 9 AM and 8 PM.
- Currency Disclosure: All prices must be displayed in Argentine pesos.
- Content Restrictions: Misleading promotions are prohibited.
- Consent Logs: Businesses must store messages and consent logs for two years.
How to Stay Compliant
- Ensure double opt-in flows for high-risk verticals.
- Use local currency and transparent pricing.
- Maintain audit-ready logs of all A2P communications.
Chile & Peru: What Businesses Need to Know for 2025
Chile is rolling out enhanced data protection policies aligned with global standards like GDPR. The new Personal Data Protection Law was passed in 2024 and will become fully enforceable by 2026. Learn more via Chile’s National Library of Congress.
Key Regulations
- Mandatory Opt-In: Consent is required before any A2P messaging.
- Opt-Out Required: Simple opt-out options must be provided.
- Time Restrictions: Recommended between 8 AM and 10 PM.
- Data Controller Role: The new law mandates brands to appoint a data controller.
- Consent Expiration: Must be renewed after 12 months of inactivity.
How to Stay Compliant
- Design campaigns with consent refresh built in.
- Avoid sensitive content like political or religious messages.
- Keep records of consent and opt-out activity.
Emerging Trends in LATAM Customer Communication Regulations
Several key trends are reshaping customer communication regulations in Latin America:
- Increased Focus on Data Privacy: LATAM countries are tightening their data privacy laws to align with global standards like the GDPR. Businesses will need to prioritize secure data handling and transparent consent processes.
- Rise of Real-time Communication Tools: Real-time message delivery tracking and analytics are becoming more critical as regulators push for greater transparency and accountability in A2P messaging.
- Integration of AI for Fraud Detection: AI-powered systems detect and prevent fraudulent messaging activities, which can affect how businesses approach customer communication.
How Mitto Makes A2P Compliance Easy for Your Business
Mitto specializes in simplifying A2P compliance across Latin America and beyond. Here’s how we help you stay on top of changing regulations:
- Stay Informed: We constantly monitor updates in A2P messaging laws in your operating regions, ensuring your strategies align with local regulations.
- Compliance-Ready Platforms: Our Campaigns messaging platform is designed with built-in features like opt-out capabilities and real-time delivery tracking to ensure your campaigns remain compliant.
- Educate and Empower Your Teams: Mitto closely collaborates with you to ensure you understand the latest regulations worldwide. This knowledge better protects consumer privacy and enhances your brand’s reputation.
- Local Partnerships: Our strategic global partnerships with mobile network operators (MNOs) meet all registration and technical requirements for A2P messaging.
By relying on Mitto’s expertise, you can optimize your A2P messaging strategy while staying compliant with the ever-evolving regulatory landscape in LATAM and beyond.
By staying informed and proactive, businesses can optimize their A2P messaging strategies while staying compliant with the changing regulatory landscape in Latin America.
Need expert global compliance guidance? Contact Mitto to learn how we can help you maintain A2P compliance worldwide.
