TCPA Compliance – Key Aspects Businesses Should Be Aware Of
There are several key aspects of TCPA Compliance that businesses should be aware of. They include age gates, Do Not Call lists, consent clauses and text message opt-in laws. In this article, we’ll explore each of them and provide tips on how to make your business comply.
Text message opt-in laws
The Telephone Consumer Protection Act (TCPA) is a federal law that requires businesses to get written consent from consumers before sending commercial text messages. Failure to do so can lead to hefty fines. You can click here for more information. To be compliant, organizations must be able to explain the type of messages they send.
They must also offer an easy way for customers to opt out of receiving messages. This includes allowing customers to submit their phone number to the National Do Not Call Registry.
While the law is aimed at protecting consumers, it can cause major headaches for businesses. If an organization violates the law, the FCC and state attorney generals can file lawsuits. Noncompliance can result in hefty fines, legal fees, suspension of the phone number, and more.
In order to comply with TCPA regulations, organizations must have a clear, conspicuous text message opt-in form. Messages can only be sent between 8am and 9pm in the recipient’s time zone.
Organizations that fail to comply with TCPA rules can be subject to fines of up to $500 per text message. If an individual sends a noncompliant text, that is considered a separate violation. An organization that sends more than five text messages per month without TCPA compliance can be fined up to $18,936.
Another TCPA regulation, the E-SIGN Act, requires businesses to obtain prior written consent before they can begin to send text messages. A business can use a website or online form to acquire this consent.
Businesses can also use automated responses to handle the majority of the opt-outs they receive. This can reduce the strain on customer service teams. However, they must still be able to respond promptly.
To ensure compliance with the TCPA, companies should create a strategic plan that incorporates the act. This plan should include a process for obtaining and maintaining consent from all subscribers. Companies should retain records of text messaging applications.
The FCC is the chief arbiter of SMS communication laws. They may create new rules if necessary, but they remain primarily responsible for enforcing the TCPA.
Getting permission to send text messages is good for business, but it can be challenging at first. But it can also save your business from huge fines and legal headaches.
The age gate is a great tool to help prevent underage visitors from seeing your content. For example, retailers may wish to consider implementing an age selection form to prevent underage patrons from swiping their credit card. Similarly, the wireless carriers like T-Mobile will deem a campaign in which the sender tries to sell a gun as an “undeliverable message.”
A good SMS marketing program must include an age gate to avoid violating the federal Do Not Call Registry, a federal registry for those over 18. However, many businesses may not be aware of the rules that apply to SMS. This could result in undelivered messages, audits, and fines.
Among the most important TCPA compliance rules is making sure that your business follows the CTIA code of conduct. These standards are designed to maintain the quality of messaging experiences for everyone, not just those deemed fit for consumption. As part of your compliance efforts, you should also take into consideration a few other things.
If you’re in the market for a SMS marketing service, you might want to look at companies such as OtterText. Their age gate signup form is not only automated, but also features the company’s logo. They also provide a website for customers to access. Moreover, they offer the best of both worlds in terms of mobile device support and price.
Do Not Call Lists
The Telephone Consumer Protection Act (TCPA) is a federal regulation that protects consumers from telemarketing calls, text messages, and other types of unwanted phone calls. It was signed into law by President George H.W. Bush in 1991, and has been the primary focus of telemarketing regulation for nearly 30 years.
In addition to protecting consumers, the TCPA provides for statutory damages of $500 per call and $16,000 for intentional violations. TCPA compliance is not easy, and marketers struggle to keep track of a myriad of rules, regulations, and agencies.