TCPA Compliance
In order to be TCPA Compliant and send out SMS messages, we recommend following these steps:
Add Language on your Website Forms and Terms and Conditions:
Under you Lead Capture Form here is sample language to add:
By submitting this form, you accept our Terms of Service and Privacy Policy. You consent to receive messages for this event via SMS. Message and data rates may apply. Reply STOP to opt out.
In your Terms of Service you can add the following language
Express written consent. By submitting your contact information, you are providing your express written consent to receive communications from us at the email address and telephone numbers you entered into our contact form, or that you later provide to us or enter into your contact page.
E-mails, calls, and texts. These communications may include telemarketing messages, through the use of email, landline phone, fax, cellular phone, and text messages (including SMS and MMS).
Autodialing. We may use an automatic telephone dialing system (or "auto-dialer"), which may employ an artificial or pre-recorded voice or "robotexts." Your carrier's standard rates and charges may apply.
No purchase necessary. Agreeing to these communications is not a condition of purchasing any property, goods, or services from us.
Revoking consent and opting out. You may revoke your consent to receive communications at any time by replying "STOP" to any of our texts, or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out, but reply "STOP" will automatically revoke your consent to further text communications, and we recommend that method. We may take up to 30 days to stop communications if you use a method other than the automatic reply "STOP." You consent to receive a final text message confirming your opt-out. You may revoke your consent to receive email communications by using the "unsubscribe" link in an email or on the website or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out of email, but "unsubscribe" will automatically revoke your consent to further email communications, and we recommend that method. We may take up to 30 days to stop email communications if you use a method other than "unsubscribe". The "unsubscribe" link will also permit you to stop text communications.
Communication frequency. How often we send you communications will vary, because the individual salesperson who communicates with you will determine it.
Here is additionl information regarding TCPA Compliance
Being TCPA (Telephone Consumer Protection Act) compliant is crucial for businesses that engage in telemarketing, send SMS or make calls to consumers. The TCPA, established in 1991, aims to protect consumers from unwanted calls and messages. Here are key factors to consider for TCPA compliance:
Prior Express Written Consent: Obtain express written consent from consumers before sending telemarketing messages or making autodialed or prerecorded calls. This consent should be clear and unambiguous, indicating that the consumer agrees to receive such communications.
Clear Disclosure: When obtaining consent, clearly disclose that the consumer is authorizing telemarketing communications from your company, and inform them that consent is not a condition of purchase.
Identification: Ensure that all telemarketing calls or messages clearly identify the business responsible for the call or message and provide contact information.
Do Not Call (DNC) Lists: Respect national and state DNC lists, as well as your internal DNC list. Consumers who request not to be called must be added to your DNC list promptly.
Call Timing Restrictions: Adhere to the time restrictions set by the TCPA, which typically limit calls to between 8 a.m. and 9 p.m. local time of the called party.
Opt-Out Mechanisms: Provide an easy and straightforward way for consumers to opt-out of future communications. Opt-out requests must be honored immediately, usually within a business day.
Frequency Limits: Be aware of and comply with any limitations on the frequency of messages or calls to consumers, as excessive contact could be considered harassment.
Record Keeping: Maintain detailed records of consumer consents, including the date and method of consent, for at least four years (the federal statute of limitations for TCPA claims).
Training and Compliance Programs: Implement comprehensive training programs for employees on TCPA compliance, and regularly review and update your compliance practices to adapt to any changes in the law.
Monitoring Third-party Agents: If you use third parties for telemarketing or messaging on your behalf, ensure they are also TCPA compliant. You may be held responsible for their violations.
Being proactive in understanding and implementing these key factors is essential to ensure TCPA compliance and to avoid potential legal penalties and fines. Given the complexity of the law and its amendments over time, it may also be beneficial to consult with legal experts specializing in telecommunications law and consumer protection.
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