In order to comply with the Telephone Consumer Protection Act (TCPA) and other relevant legal regulations, we've implemented several updates to the opt-in consent process for collecting contact information when users claim offers. These changes aim to ensure that users' consent to receive SMS communications is clear, informed, and voluntary, aligning with the TCPA's requirements for written consent.
How These Changes Align with TCPA Regulations:
The TCPA requires businesses to obtain clear and documented consent from users before sending marketing messages via SMS. By making the following updates, we ensure that:
- Consent is explicit and unambiguous: Users must actively opt-in to receive SMS marketing communications.
- Users are informed: We’ve provided clear language around message frequency, opt-out instructions (STOP), and the potential for message charges, which ensures full transparency.
- No pre-checked opt-in boxes: The opt-in checkbox is unchecked by default, allowing users to make an informed decision to opt-in for SMS communications, in line with best practices for obtaining prior express written consent.
Changes Applied:
1. Opt-In Checkbox:
- The opt-in checkbox is unchecked by default, ensuring that users must explicitly provide consent to receive SMS marketing messages.
- The label for the checkbox is now: “[ ] Receive special deals via SMS from {Business_Name}. Message frequency varies. Stop anytime by replying STOP. Msg rates may apply. See Terms.”
- See Terms Link: The "See Terms" link takes users to a newly created SMS terms page, which outlines the details of receiving SMS communications, fulfilling the requirement for transparent information.
2. Added Text Below "Claim Offer" Button:
- The following statement is now added below the "Claim Offer" button: “By claiming this offer, you agree to receive essential transactional messages for updates and reminders.”
- This ensures that users are aware of the nature of the messages they’ll receive (transactional messages) and provides clarity regarding the type of communication involved.
NOTE: The checkbox is unchecked by default, ensuring compliance with the TCPA's express written consent requirements.
