IMPORTANT: New opt-in compliance regulations will affect your messaging
In October 2013, the FCC began enforcing the new Telephone Consumer Protection Act (TCPA). It will change the way your subscribers in the United States opt-in and any violations will trigger hefty fines so please read below.
Here are the new rules:
All SMS and VOICE opt-ins, no matter what method used to opt-in, must require an AGREEMENT to receive any communications from you. This means that when someone opts-in to your campaign via text, phone or a web form an AGREE message will automatically be sent out before any of your SMS messages. Once your subscriber replies with the word “AGREE” your messages will be sent. When an “AGREE” reply has been recorded all future messages to that subscriber will be sent out with no additional requirements.
Applies to existing subscribers:
This new regulation also applies to your existing subscribers. A previous business relationship will not exempt you from requiring an AGREE message to be received. This means that if you are sending an SMS message to a previous subscriber they will first receive an automated AGREEMENT message, then after they reply with AGREE your SMS message will be sent.
New Direct-to-Voicemail requirements:
The new TCPA regulations require that all direct-to-voicemail messages contain the following:
- An identification statement that provides the identity of the business that is responsible for initiating the call. This statement should be made at the beginning of the call.
- A contact phone number for your business needs to be provided before the completion of the message.
- An opt-out method that the subscriber can trigger if they want to stop receiving your voice messages.
Hello, this is and we would like to tell you about …
You can reach us at xxx-xxx-xxxx and if you would like to stop receiving voice messages from us please text the word “STOP” to xxx-xxx-xxxx and you will be instantly unsubscribed. Thank you.
When setting up a direct-to-voicemail message you will be presented with an AGREE message that requires you to acknowledge your understanding and agreement to be in compliance. This means your recorded message will include an identification statement, contact phone number and an opt-out method.
NOTE: If you do not comply, and your recorded messages are in violation, you will be subjected to significant fines. These are federal regulations that must be adhered to.