Texting Rules & Regulations Notification
Every business is responsible for assessing its obligations to comply with the Telephone Consumer Protection Act of 1991 (TCPA) when it comes to text marketing, in order to prevent potential legal action and regulatory enforcement actions triggered by annoyed customers/recipients who do not wish to receive text messages.
According to the TCPA, businesses must obtain “express written consent” before sending text messages to customers, even if they already have an existing business relationship with them. This written consent needs to be obtained in a clear and prominent way, so the recipient is fully aware of what they’re signing up for. This means that it cannot be included just as a small print or a part of a long form that no one will read through.
Written consent can be obtained via an e-mail, website form, text message, telephone key press, or voice recording. Customers’ consent also can't be forced in any way, so giving consent cannot be a condition of purchasing your products or services and this also needs to be clearly stated to Customers.
Using Shortened URLS
While this is not a violation, it is recommended that you do not send links that have been shortened using shared public URL shorteners, such as free TinyUrl or Bitly links. In the United States, carrier policies forbid the use of shared public URL shorteners, due to the frequency of use by spammers, scammers and other bad actors.
- The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT.
- Individuals must have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.
High key messaging metrics
- A high opt out rate, which indicates that end-users receiving messages are more likely to object and generate complaints.
- A high delivery error rate, which indicates you may be attempting to contact numbers that are no longer in service, or are unreachable, such as landlines and/or external carrier filters are refusing to deliver your messages.
When is consent mandatory?
Compliance is mandatory for any informational texts that includes an up sell or is intended to offer products or services for sale.
Informational (transactional) texts that are intended to notify clients of schedule updates, appointment reminders, and may not fall under this compliance rule.
The above are just some basic guidelines that Referrizer provides for you, along with the automatic Opt-out system which we’ve made mandatory. Before implementing telephone- based marketing programs, it is highly recommended that you contact your attorney and review and update your compliance policies and programs to ensure that you do not run afoul of the ever-changing landscape of federal and state laws that govern and regulate business marketing practices.
The Referrizer text marketing app helps you obtain and document Customer consent to receive text messages, when interacting with your customers. Referrizer provides several methods to obtain written consent from Customers:
1. Forwarding number opt-in request
All new callers receive an Opt-in SMS to confirm participation and stay within compliance.
2. Website widget opt-in request
The Website widget includes terms notifying potential customers that, upon entering their phone number(s), they will be contacted via auto-dialer and also offers instant consent for receiving text messages from your business, with the option to withdraw consent at sign up.
Terms and Conditions
If you provide a cell phone number and agree to be contacted, you agree that barre3 Druid Hills may contact you at this number, or any other number that you later convert to a cell phone number, to service your account. By checking this box you also agree to and opt in to receive calls and messages from automated dialing systems, and text messages to these numbers or to any other number you provide. Valid for new customers only.
Limit one per customer. Cannot be combined with any other offer and must be presented prior to purchase.
3. Customers Web-app Page gives them the option to unsubscribe.
Customers are able to OptOut any time via SMS message by replying STOP or by visiting the page and unsubscribing from receipt of SMS Messages.
TIPS TO CONSIDER FOR COMPLIANCE
If you want to build an opt-in list for your customers and are not sure how to do it, here are some tips:
a. Print a table top sign - position it at the countertop for customers to see it. Provide language that clearly states the texting opt-in program. For example:
[Note that the language in the image to the right needs to be revised to state: Consent to these terms is not a condition of purchase]
b. Modify your customer agreement that customers sign and place this paragraph on the same page where you ask for their mobile number:
c. In your marketing materials, your Call to action can be your Opt-in request.
e. Send Opt-in Requests
Sending one opt-in request message can give you a way to build opt-in list.
1. This Rules & Regulations Notification (“Notification”) is provided only for educational purposes and is not intended to serve as a comprehensive guide to comply with the Telephone Consumer Protection Act of 1991 (“TCPA”) or any other laws or regulations (whether U.S. laws/regulations, state laws/regulations, or international/foreign laws/regulations) that apply or may apply to your business or marketing practices. Every Client of Referrizer, LLC (“Referrizer”) is solely responsible for meeting any and all legal requirements that apply or may apply to their business or marketing practices (including, but not limited to, text messaging services provided by Referrrizer to Client). Referrizer makes no representation of warranty that meeting the guidelines in this Notification is sufficient to assure legal compliance with any applicable laws. Consultation with experienced legal counsel is strongly recommended.
2. This Article/Blog Post is provided only for educational purposes and is not intended to serve as a comprehensive guide to comply with the Telephone Consumer Protection Act of 1991 (“TCPA”) or any other laws or regulations (whether U.S. laws/regulations, state laws/regulations, or international/foreign laws/regulations) that apply or may apply to your business or marketing practices. Every Client of Referrizer, LLC (“Referrizer”) is solely responsible for meeting any and all legal requirements that apply or may apply to their business or marketing practices (including, but not limited to, text messaging services provided by Referrrizer to Client). Referrizer makes no representation of warranty that meeting the guidelines in this Article/Blog Post is sufficient to assure legal compliance with any applicable laws. Consultation with experienced legal counsel is strongly recommended.
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