Making sure you are compliant with TCPA before starting a text campaign is crucial due to the fines that can come with malpractice(500-1500$ per text). This article is not legal advice, it is best practice to make sure you are compliant. If unsure, We recommend referring to legal counsel.
Firstly, you need to make sure your collection point is compliant. If you are using an online form you need to put a disclaimer below it. Here is an example,
“By participating, you consent to receive text messages sent by an automatic telephone dialing system. Consent to these terms is not a condition of purchase. Message and data rates may apply. Text STOP to cancel”.
🔼 You can swipe this template for your own forms 🔼
Copy this text if you are unsure of what to put under your form. This information should be communicated even if they are signing up in person or on paper. Here is an example form:
The next step to compliance is the opt-out/welcome message, simply put, obtaining their permission. For example, you could have them write their number down in-store and initial next to it. Your first text should always be a welcome message, a little discount for incentive, and the opt-out copy. Something like, "Welcome to the Luxe VIP club!! get 15% off your next visit with code LUXE2020. Std. msg & data rates apply.
👇 Add this to the end of your welcome text👇
"If you would like to stop receiving messages reply STOP".
Here is what that looks like in practice:
The last part is the most important, “STOP to Cancel” is required in the welcome text. This MUST be included in your first message but, after that, it's up to you how often you want to include that part. Don’t forget to throw in a little incentive as well(optional but recommended). Also, another good practice worth mentioning is making the customer aware of the frequency in which you send text messages.
In conclusion, ensuring you are compliant is critical to the success of your SMS marketing campaigns. Every welcome text should include a call to action, an explanation of what your customers are going to receive, and most importantly, the opt-out copy. This combination ensures best practice and will help you avoid any problems. Some people like to do a double opt-in, however, that is no longer required by the CTIA and we believe it makes the texts very robotic. TCPA compliance is all about providing a healthy texting experience for your customers. They give businesses a solid legal framework to operate in and at the same time, protect consumers from spam. If your customers know what to expect from you and they have a way out. You are already TCPA compliant.