Referrizer LLC

TCPA FCC Regulations for Text Messaging

Texting Rules & Regulations Notification


Every business is responsible for assessing its obligations to comply with the Telephone Consumer Protection Act of 1991 (TCPA) when it comes to text marketing, in order to prevent potential legal action and regulatory enforcement actions triggered by annoyed customers/recipients who do not wish to receive text messages. 



Mobile Advertising and the Telephone Consumer Protection Act of 1991

The Telephone Consumer Protection Act of 1991 states that anyone dialing a person’s mobile phone or sending a text message must have written consent from the customer/recipient that is to received such a call or text message. This federal law prohibits unsolicited mass calls and text advertisements, and it gives recipients of those unsolicited calls the right to collect up to $1,500 in statutory damages for each violation (or each phone call or text message). Individuals who receive unsolicited messages to their cell phones do not have to prove any harm was done when they seek damages. 



According to the TCPA, businesses must obtain “express written consent” before sending text messages to customers, even if they already have an existing business relationship with them. This written consent needs to be obtained in a clear and prominent way, so the recipient is fully aware of what they’re signing up for. This means that it cannot be included just as a small print or a part of a long form that no one will read through. 

Written consent can be obtained via an e-mail, website form, text message, telephone key press, or voice recording. Customers’ consent also can't be forced in any way, so giving consent cannot be a condition of purchasing your products or services and thisalso needs to be clearly stated to Customers. 


Compliance is mandatory for any informational texts that includes an up sell, or is intended to offer products or services for sale.
Informational (transactional) texts that are intended to notify clients of schedule updates, appointment reminders, and may not fall under this compliance rule.


Note 

The above are just some basic guidelines that Referrizer provides for you, along with the automatic Opt-out system which we’ve made mandatory. Before implementing telephone- based marketing programs, it is highly recommended that you contact your attorney and review and update your compliance policies and programs to ensure that you do not run afoul of the ever-changing landscape of federal and state laws that govern and regulate business marketing practices. 

The Referrizer text marketing app helps you obtain and document Customer consent to receive text messages, when interacting with your customers. Referrizer provides several methods to obtain written consent from Customers: 

      1. Forwarding number opt-in request 


All new callers receive an Opt-in SMS to confirm participation and stay within compliance. 


Thank you for calling [account_title] 

Reply YES to opt-in & receive New Customers Offer NOW. 

Opt-in is not required for purchase. Msg&Data rates apply. 
Reply Stop to optout 


      2. Website widget opt-in request 


The Website widget includes terms notifying potential customers that, upon entering their phone number(s), they will be contacted via auto-dialer and also offers instant consent for receiving text messages from your business, with the option to withdraw consent at sign up. 




Terms and Conditions 

If you provide a cell phone number and agree to be contacted, you agree that barre3 Druid Hills may contact you at this number, or any other number that you later convert to a cell phone number, to service your account. By checking this box you also agree to and opt in to receive calls and messages from automated dialing systems, and text messages to these numbers or to any other number you provide. Valid for new customers only. 
Limit one per customer. Cannot be combined with any other offer and must be presented prior to purchase. 



      3. Customers Web-app Page gives them the option to unsubscribe.


Customers are able to OptOut any time via SMS message by replying STOP or by visiting the page and unsubscribing from receipt of SMS Messages.





TIPS TO CONSIDER FOR COMPLIANCE



If you want to build an opt-in list for your customers and are not sure how to do it, here are some tips: 

       a. Print a table top sign - position it at the countertop for customers to see it. Provide language that clearly states the texting opt-in program. For example: 




 

By participating, you consent to receive text messages sent by an automated telephone system. Consent to these terms is not a condition of purchase. 
Message and data rates may apply. Text STOP to opt out 


[Note that the language in the image to the right needs to be revised to state: Consent to these terms is not a condition of purchase] 

       b. Modify your customer agreement that customers sign and place this paragraph on the same page where you ask for their mobile number: 

[ ] I don’t agree to and opt out from receiving text messages sent by BUSINESS_NAME * 

Page Footer: 

*If you provide a cell phone number and agree, you agree that BUSINESS_NAME may contact you at this number, or another number that you later convert to a cell phone number, to service your account. By checking this box you don’t agree to receive calls and messages from automated dialing systems, and text messages at these numbers or at any other number you provide.


       c. In your marketing materials, your Call to action can be your Opt-in request. 


Text YES to ___-___-____ to get {Put your offer here] 
By participating, you consent to receive text messages sent by an automated telephone system. Consent to these terms is not a condition of purchase. Message and data rates may apply. Text STOP to opt out. Privacy Policy: www.rfrz.us/pp 



      d. Add information to the website Terms &Conditions / Privacy Policy


Our customers must provide written consent to receive text messages from our business. If you are not willing to receive automated text messages from our company, you may optout by texting STOP to this telephone number___-___-____ 



      e. Send Opt-in Requests

Sending one opt-in request message can give you a way to build opt-in list.


Hi NAME, it’s our client appreciation week. We would like to invite you to a Free Class. Reply YES to OPT-IN. Opt Inis not required for purchase. Msg&Data rates apply, Reply STOP to OptOut.






1This Rules & Regulations Notification (“Notification”) is provided only for educational purposes and is not intended to serve as a comprehensive guide to comply with the Telephone Consumer Protection Act of 1991 (“TCPA”) or any other laws or regulations (whether U.S. laws/regulations, state laws/regulations, or international/foreign laws/regulations) that apply or may apply to your business or marketing practices. Every Client of Referrizer, LLC (“Referrizer”) is solely responsible for meeting any and all legal requirements that apply or may apply to their business or marketing practices (including, but not limited to, text messaging services provided by Referrrizer to Client). Referrizer makes no representation of warranty that meeting the guidelines in this Notification is sufficient to assure legal compliance with any applicable laws. Consultation with experienced legal counsel is strongly recommended. 

2This Article/Blog Post is provided only for educational purposes and is not intended to serve as a comprehensive guide to comply with the Telephone Consumer Protection Act of 1991 (“TCPA”) or any other laws or regulations (whether U.S. laws/regulations, state laws/regulations, or international/foreign laws/regulations) that apply or may apply to your business or marketing practices. Every Client of Referrizer, LLC (“Referrizer”) is solely responsible for meeting any and all legal requirements that apply or may apply to their business or marketing practices (including, but not limited to, text messaging services provided by Referrrizer to Client). Referrizer makes no representation of warranty that meeting the guidelines in this Article/Blog Post is sufficient to assure legal compliance with any applicable laws. Consultation with experienced legal counsel is strongly recommended. 

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