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The Do’s and Don’ts of Texting Under TCPA Regulations

For marketing purposes, it is more advantageous to send a text message than an email to a potential customer. The open rate for a text message is nearly 100%. However, there are some guidelines that you need to follow in order to stay within TCPA compliance. We outlined a few do's and don'ts for your business to follow while texting your customers. 

 

Examples of SMS Messages AFTER Opt-In:

 

School Messages:

Schools will send out texts regarding severe weather, school closures, PTA meetings, sporting events, etc. 

 

Package Delivery:

Delivery companies will text their customers regarding their packages. This can be a simple text that informs the customer that the delivery driver is 10 stops away. Or it can be in regards to a recent shipment delay, which will ultimately delay their package. 

 

Medical:

Informing customers that a prescription is ready or confirming an appointment are both considered appropriate with opt-in SMS compliance. 

 

Emergencies: 

Informative texts on natural disasters, emergency situations, and amber alerts are several examples of emergencies that one might receive an SMS message.

 

Examples of what is not allowed for SMS compliance?

 

SHAFT:

Sex, hate, alcohol, firearms, or tobacco. Sending text messages relating to these categories may result in violations. There are some exceptions, for example, you have a bar and send out messages regarding happy hour specials. If you plan on sending texts regarding alcohol or tobacco please contact a lawyer to ensure you stay compliant.

 

Misrepresentation:

If a company is misrepresenting who they are or spoofing their numbers. 

 

Messages that do not follow general TCPA laws:

If a company doesn’t have the general disclosures, terms, and conditions on their text messages they are not considered compliant messages and once again will have the possibility to accrue a large fine. 

Disclaimer: If you have any other questions pertaining to the legality of your specific messages, please contact a TCPA lawyer. This is for informational purposes only and not intended as legal counsel nor should be substituted as such.

 

Learn more about call center compliance by visiting here. 

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