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The Telephone Consumer Protection Act, or TCPA, was created and passed to protect consumers from unwanted phone calls and messages. Understanding how this act applies to your company will help to ensure that your online text service is in full compliance with the law.

About the TCPA

The TCPA regulates prerecorded calls, telemarketing calls, auto-dialed calls, text messages and unsolicited faxes. The act also created the National Do-Not-Call List. Under the TCPA, businesses are not allowed to:

• Make auto-dialed calls to wireless numbers without prior written consent.
  
  
• Make pre-recorded calls to wireless numbers without prior written consent.
  
  
• Send texts to wireless numbers without prior written consent.
  
  
• Make pre-recorded calls to landlines without prior written consent.
  
  

The purpose of this law is to protect consumers from unwanted solicitations and prevent spam. However, even businesses that are not trying to spam their customers or sell something must comply with these principles when they communicate via text message.

Complying with the TCPA

The TCPA may seem complicated at first, but complying with this law isn't difficult. As long as your business manages its online text service carefully, you don't need to be afraid to use SMS messaging. In general, you won't need to worry about the TCPA as long as you are collecting and managing numbers properly.

TCPA Do's and Don'ts

To prevent legal problems related to the TCPA:

1. Obtain written consent.

Make sure you receive express written consent from each consumer before adding him or her to the SMS messaging list for your online text service. The FCC defines "express written consent" as the consumer's agreement, in writing, to allow the business to deliver specific types of messages to the consumer via SMS. Businesses should also remind consumers that standard text messaging rates may apply when they send or receive messages.

2. Be sure to categorize the messages you send.

When you obtain written permission to send SMS messages to your customers, you will likely name the types of messages you plan to send. You may even give consumers the option to receive only certain types of messages. For example, a customer may choose to receive only shipping updates but no promotional messages. Be sure to send each consumer only the types of messages he or she requested.

3. Adhere to time restrictions.

The TCPA restricts calls and texts to consumers between the hours of 8:00 a.m. and 9:00 p.m. In addition, some states publish additional restrictions, such as prohibition of contact on weekends. Be sure to learn your state's law before you start sending SMS messages.

4. Provide multiple ways to opt out.

Be sure to provide your customers with more than one way to opt out of receiving your messages. Not only will this prevent you from violating consumers' rights under the TCPA, but it will also encourage more consumers to opt into your campaign by reassuring them that they can unsubscribe easily should they choose to do so.

SMS Success Stories

Plenty of businesses are already using SMS messaging to their benefit without violating the TCPA. Some examples of businesses that have been successful with SMS include:

• Starbucks - In a summer promotion, Starbucks used SMS to enroll consumers in a trivia contest. Consumers who enrolled in the contest also agreed to receive promotional texts throughout the summer.
  
  
• Pretty Little Liars - The television program recently used texting to engage more than 100,000 viewers. Viewers who opted into the promotion receive exclusive messages from one of the show's characters throughout the season.
  
  
• Famous Footwear. - This shoe retailer advertises its texting campaign online and then uses SMS to deliver promotional messages to consumers who subscribe.
  
  

Ready to add SMS messaging to your company's arsenal? Contact Trumpia today to learn more about customized SMS messaging software.

Disclaimer: The information provided in this document is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with your counsel on the precise scope and interpretation of any given laws/legislation and their impact on your particular business.

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