{"id":2198,"date":"2023-09-21T15:26:00","date_gmt":"2023-09-21T15:26:00","guid":{"rendered":"https:\/\/www.800.com\/blog\/?p=2198"},"modified":"2024-04-10T13:51:51","modified_gmt":"2024-04-10T13:51:51","slug":"demystifying-tcpa-compliance-for-sms-marketing","status":"publish","type":"post","link":"https:\/\/www.800.com\/blog\/demystifying-tcpa-compliance-for-sms-marketing\/","title":{"rendered":"Demystifying TCPA Compliance for SMS Marketing"},"content":{"rendered":"\n

SMS Marketing<\/a> offers a better way to interact with customers. With response rates typically eight times that of email marketing<\/strong><\/a>, you can reach more customers and get more feedback than you typically would through other channels.<\/p>\n\n\n\n

However, before you launch your first SMS campaign, you need to better understand the Telephone Consumer Protection Act (TCPA) and its implications on SMS marketing. In this post, you will become familiar with the TCPA so you can navigate these regulations and avoid penalties while running successful SMS campaigns.<\/p>\n\n\n\n

Table of Contents<\/strong><\/p>\n\n\n\n

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  1. What is TCPA?<\/a><\/li>\n\n\n\n
  2. How Does the TCPA Apply to SMS Marketing?<\/a><\/li>\n\n\n\n
  3. What are the Penalties for Violating the TCPA?<\/a><\/li>\n\n\n\n
  4. Understand the Requirements of the TCPA<\/a><\/li>\n\n\n\n
  5. Exceptions of the TCPA<\/a><\/li>\n<\/ol>\n\n\n\n

    What is TCPA?<\/strong><\/h2>\n\n\n\n

    The TCPA went into effect in 1991 to protect consumers from receiving unsolicited telephone calls and from the unregulated use of their personal information.<\/p>\n\n\n\n

    In 2012, the Federal Communications Commission (FCC) recommended adding text messaging<\/a> to the TCPA regulations, arguing that such messages should be viewed in the same way as telemarketing calls. This was eventually enacted in 2013, and several additions strengthening these regulations have been implemented since.<\/p>\n\n\n\n

    How Does the TCPA Apply to SMS Marketing?<\/strong><\/h2>\n\n\n\n

    Any person or business that markets or sells their products or services via phone calls, faxes, VoIP calls, and text messages must comply with the TCPA.<\/p>\n\n\n\n

    Specifically, there are two sections<\/a> that all SMS marketers need to focus on which define a \u201ctelephone solicitation\u201d and an \u201cunsolicited advertisement.\u201d First, a telephone solicitation is the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. Second, an unsolicited advertisement is any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person’s prior express invitation or permission, in writing or otherwise.<\/p>\n\n\n\n

    What do these two sections mean? In simple terms, they mean that you must: 1) Obtain consent to send SMS messages, and 2) You must provide full disclosure (scope) of the messages once that person opts in.<\/p>\n\n\n\n

    What are the Penalties for Violating the TCPA?<\/strong><\/h2>\n\n\n\n

    If you violate the TCPA, fines range anywhere from $500 – $1,500 per text message that is sent to a person who 1) did not opt-in to receive that message, and 2) did not receive a full disclosure (scope) regarding the types of messages that would be sent, including a way for them to opt-out at any time.<\/p>\n\n\n\n

    Fines can easily add up. Class-action lawsuits have sometimes awarded millions of dollars in damages. The good news is that remaining compliant with the TCPA is fairly easy if you understand the requirements.<\/p>\n\n\n\n

    Understand the Requirements of the TCPA<\/strong><\/h2>\n\n\n\n

    How do you make sure you are TCPA-compliant? Follow these steps:<\/p>\n\n\n\n