To help your business stay compliant with the Telephone Consumer Protection Act (TCPA) and carrier requirements, we have updated the consent process on all Offer Claim pages. These changes ensure that when a customer claims an offer, your business captures “Prior Express Written Consent” for marketing communications in a clear, documented, and legally sound manner.
With stringent regulations enforced across the United States (TCPA), digital offer widgets must maintain a razor-sharp balance between high-converting UI design and ironclad legal compliance.
Recent judicial precedents demand that legal agreements be “clear and conspicuous” to a reasonable online shopper. This article serves as an operational blueprint for account administrators to configure our widget layouts, explicitly outlining how consumer opt-ins, opt-outs, and disclosures must be structured.
1. The Anatomy of a Compliant Offer Widget
A compliant widget completely separates Marketing Communications (which require an explicit, un-checked checkbox opt-in) from Transactional Communications (which are an operational requirement to deliver the requested offer).
The visual layout must flow exactly in this vertical stack:
- Phone Number Input Field: Where the user initializes the transaction.
- Marketing Consent Checkbox Block: Must be explicitly left-aligned. The checkbox must remain unchecked by default. Pre-checking this block is an automatic regulatory violation.
- Primary Call-to-Action Button: Centered highlighted action button (e.g.,
CLAIM OFFER). - Transactional Text Notice (Left-Aligned Footer): Positioned directly underneath the primary button.
2. Text Content Specifications & Wording Rules
Vague disclosures like “View our terms” or “Review our messaging policy” will fail court scrutiny. The text must feature hard, binding assent language.
A. Marketing Consent Block (Above the Button)
The checkbox description must explicitly state that checking the box binds the user to an agreement:
“By checking this box, you agree to receive recurring auto-dialed marketing SMS from [Legal Business Name] and our TERMS OF SERVICE. Consent is not required to purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for help; STOP to opt out. View PRIVACY POLICY.”
B. Transactional / Non-Marketing Block (Below the Button)
Because the consumer is explicitly asking you to text them a voucher code or offer confirmation, this text is classified as a “Notice of Service.” It must feature zero checkboxes and be placed cleanly beneath the button as a left-aligned block:
“By claiming this offer, you agree to receive non-marketing text messages from [Legal Business Name] about your order updates, appointment reminders etc. Message & data rates may apply. Text HELP for help.”
3. Opt-Out & Compliance Record Keeping
Compliance does not end at the visual layer. Our platform backend logs consumer data cleanly to defend against audit or legal risk.
- Keyword Handlers: Our messaging gateway automatically processes mandatory keyword opt-outs. If a user texts STOP, END, CANCEL, UNSUBSCRIBE, or QUIT, the platform must instantly opt them out of marketing streams and send a single, automated confirmation reply. If they text HELP, standard support routes must trigger.
How to Verify the Update
You do not need to take any manual action to enable these changes; they have been applied globally to all active offers. To see them in action:
- Navigate to the Offers & Referrals section in your dashboard.
- Select an active offer and click Edit.
- Check the Preview version on the right hand side of your offer editor.
Best Practices for Compliance
- Don’t Bypass Consent: While the CRM allows you to manually “Opt-in” a contact, doing so without their explicit permission (via this checkbox or a written form) puts your business at risk of TCPA fines.
- Review Your Business Name: Ensure your business name is correctly set in Account Settings, as this name is automatically inserted into the legal disclosure text.
- Clear Value Proposition: Since the checkbox is not pre-checked, make sure your offer is compelling enough that users want to check the box to stay updated on future deals.