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TCPA “Express Consent” Checklist by Noc Solutions

Noc Solutions is providing this Express Consent check list to help our partners be in compliance with TCPA rules. We also have other information that may help marketers mitigate and limit their risks when there is a complaint. This is not to be misconstrued as legal advice and each marketer should seek legal counsel for proper language that fits marketer’s compliance requirements.

At a minimum, the “Express Consent” language drafted by TCPA below is required where mobile phone numbers are collected from a web registration form.

 

Express Consent – TCPA guidelines” SAMPLEthis sample language should be placed on a web registration form page where phone numbers are collected below a “submit” button.

By clicking “{submit},” I am agreeing to receive text messages from {offer name}, {other offer}, and business partners. I provide my signature expressly consenting to recurring contact from {Your company name or offer name} or its business partners at the number I provided regarding products or services via live, automated or prerecorded telephone call, text message, or email. I understand that my telephone company may impose charges on me for these contacts, and I am not required to enter into this agreement as a condition of purchasing property, goods, or services.  I understand that I can revoke this consent at any time. Terms & conditions/privacy policy apply {www.brand.com/sms-terms}.

Also, here is an additional language you may need to become compliant with CTIA guidelines:
For SMS campaigns: Text STOP to cancel and HELP for help. Msg & data rates may apply. Recurring msgs up to {9} msgs per month.

Here is the quick check list for TCPA compliance

  1. “expressly consenting…”
    • Clear language that a user is giving you their consent to send SMS text messages
  2. identify the marketer
    • Clearly identify the marketer with either a company name or the domain name
  3. marketing partners
    • If marketing partners are mentioned you need to show the full list of partners (hyperlink is ok)
  4. automated call
    • You must let the user know that the text messages are sent using automated dialers or a machine
  5. “recurring” messages
    • There should be the word “recurring” in the consent if you are sending more than one message
  6. not a condition to purchase
    • You must mention that receiving the SMS message(s) is not a condition to purchase goods or services
  7. these phrases are a must
    • “I can revoke consent anytime”  and;
    • “My provider may charge me for these messages”
  8. Terms & Conditions and Privacy Policy
    • In order to protect you further, you should have at least a T&C and a privacy policy in a hyperlink that further explains how you will use the data collected
  9. call-to-action {submit} button
    • There must be a call-to-action clickable button that clearly indicates that a user is providing a consent to receive text messages
  10. check boxes
    • If you have a check box, you can only use records that the user agreed to by clicking/checking the specific box. However, the check box is not required by TCPA but it is required by CTIA
  11. font size and color
    • Font size should be large enough so that an average user may be able to read without a magnifying glass. The color should be clearly visible and should not be same as the background color
  12. Location of “Express Consent” language
    • Must be below the form where the phone number is collected
  13. State regulations
    • GA, KY, TN require the language to clearly and conspicuously give notice of how consent may be withdrawn. Here is a sample language:
    • “For SMS campaigns: Text STOP to cancel and HELP for help. Msg & data rates

 

Noc Solutions has over 10 years of SMS/mobile marketing experience and created SMS campaigns that delivered over 5000% ROI. Noc Solutions can help marketers to collect phone numbers, design SMS campaigns, and help with compliance requirements.

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