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SMS Marketing Compliance: Location of the CTA page

If you are wondering where to place call-to-action language for “express consent” to comply with TCPA, please continue to read.

There have been class action claims that challenged the location of “express consent” language displayed. Under the TCPA guidelines “express consent” must be displayed conspicuously so that a user can easily see without much effort.

Here is an example of questionable “express consent” location:

Do you see there is a “consent” above the “Continue” button?

One would assume that he has agreed to the short version of the “consent” but if you look at it closely there is a full version of “express consent” below the “Continue” button. It is in small gray letters and covered with a shade. It is up to the court to decide whether the “express consent” is displayed conspicuously or not.

Our suggestion is to move the “express consent” to above the “Continue” button so that there are no questions adhering to TCPA guidelines.

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