TCPA (Telephone Consumer Protection Act of 1991) compliance for text messages
What is TCPA? What Does TCPA Stand for?
TCPA stands for the telephone consumer protection act. The TCPA is a set of laws and regulations enacted in 1991 to protect consumers’ privacy and reduce abusive telecommunications.
The TCPA outlines various violations and offers a guide to businesses on how to contact consumers.
TCPA Compliance Checklist
- Conversational messages require implied consent.
- Information messages require express consent.
- Promotional messages require express written consent.
- Don't purchase lists of phone numbers containing contacts who haven't opted in.
- Don't use spammy technology like shortcodes, artificial voices, or recordings.
- When possible use a business messaging service that offers local 10DLC messaging.
- Don't text or call a contact before 8 am or after 9 pm, local time.
- Don't text or call anyone on the National DNC Registry.
- Maintain a "Do Not Contact" list for all of your business contacts.
- List your business name, message frequency, and applicable messaging rates when contacts opt-in.
- Provide contacts with an "opt-out" like "STOP".
- If calling, disconnect if no one answers after 15 seconds or 4 rings, whichever comes first.
- Don't send messages pertaining to alcohol to non-age-verified numbers.
- Don't send messages with anything that's graphic, hateful, violent, or confidential.
- Stay aware of updates to messaging regulations.
Disclaimer: Please note that our advice is for informational purposes only. It’s not meant to substitute for advice from qualified legal counsel.
TCPA Compliance Guide
There are several important things you and your business need to know about TCPA compliance before sending text messages or making phone calls:
- Get express written consent.
- Keep messages conversational.
- Use texting services that support local 10-digit long codes (10DLC).
- Include clear CTAs, terms of service, and privacy policies.
- Support "STOP" for opt-out.
- Maintain records for opt-in and opt-out with a DNC (do not contact) list.
1. Get Express Written Consent.
There are three types of consent based on the three different types of conversations typically had with contacts and customers.
To send automated marketing or promotional messages you need express written consent. If you don’t have proper express written consent, then you must put contact phone number in your DNC (Do Not Contact) list.
2. Keep Messages Conversational.
Message delivery and response rates go up when you have personalized, thoughtful conversations. Don’t get spammy and talk like a robot - carriers, regulators, and your contacts will appreciate it.
3. Use Texting Services that Support Local 10-Digit Long Codes (10DLC).
Older five and six-digit shortcodes are a thing of the past and many carriers like AT&T aren’t supporting them.
These numbers and send pathways aren’t always verified and they only support one-way mass texting.
4. Include Clear CTAs, Terms of Service, and Privacy Policies.
Every call-to-action (CTA) you use in your messages should be clear.
Include your campaign purpose, message frequency, terms and conditions, privacy policy, and info about message and data rates.
5. Support “STOP” For Opt-out.
The first message you send to new contacts must be an opt-in message that clearly states how to opt-out of future communication.
6. Maintain Records for Opt-in and Opt-out with a DNC (Do Not Contact) list.
To protect yourself from liability you need to maintain up-to-date records of who has and hasn’t opted into communication with your business.
For additional information on Guidelines and obtaining consent, read this article. TCPA Communications and Consent
Comments
0 comments
Please sign in to leave a comment.