Express Consent for SMS Compliance
This article explains the importance of obtaining express consent for sending business text messages in compliance with U.S. regulations. It outlines what qualifies as express written consent under the Telephone Consumer Protection Act (TCPA) and FCC rules, and provides examples of how businesses can legally collect it such as through web forms, keywords, or recorded verbal agreements. The article also highlights why express consent matters, emphasizing the sender’s responsibility to document consent and the risks of non-compliance, including potential penalties and account termination.
How Express Consent Works in Text Messaging
If your business sends text messages to customers, understanding express consent is essential for staying compliant with U.S. laws and mobile carrier regulations.
Under the Telephone Consumer Protection Act (TCPA) and guidelines from the Federal Communications Commission (FCC), express written consent means that a person has clearly agreed in writing to receive marketing messages from your business. This consent can be given electronically (such as through a website form) or on paper, and must include language stating that permission to receive texts is not required to do business with you.
The FCC allows businesses to collect express consent in a few different ways, including:
- Submitting a web form
- Signing a paper form
- Responding with a keyword like "YES"
- Giving recorded verbal consent
- Pressing a key during a legal or inbound phone call (i.e., "Press 1 to receive text messages")
Building Trust Through Express Consent
Express consent is crucial for several reasons, particularly in the context of SMS marketing and communication compliance:
- Legal Compliance: Express consent ensures adherence to laws such as the Telephone Consumer Protection Act (TCPA) and regulations enforced by the Federal Communications Commission (FCC). Without proper consent, businesses risk legal penalties, including fines and lawsuits.
- Consumer Trust: Obtaining express consent demonstrates respect for the recipient's preferences and privacy. This builds trust and fosters a positive relationship with your audience, showing that you value their willingness to engage.
- Avoidance of Spam Complaints: Sending messages without express consent can lead to spam complaints, damaging a company's reputation and affecting message deliverability.
- Accountability and Documentation: Express consent provides a clear record of permission from the recipient. This documentation is vital in case of a compliance audit or dispute, protecting your business from potential challenges.
- Customer Experience: By obtaining consent, you ensure that recipients are open to receiving your messages, improving engagement and making your communication efforts more effective.
Why Express Consent Matters for Your Business
Express consent isn’t just a best practice. It’s a legal requirement. If you’re using a texting service like Texty Pro, the responsibility to collect and store consent from consumers lies with you as the account holder.
You may need to present this documentation if there’s a compliance audit or a consumer complaint. Not following these rules can result in serious consequences, including fines or termination of your texting service.
Make sure you collect, document, and honor express consent to keep your communication legal, respectful, and trustworthy. Click on this link to learn more about The Importance of Business Texting Laws: Understanding the Need for Express Written Consent.
Want to learn more about how you'll benefit with business text messaging?
Schedule a 30 minute live demo to meet with one of our team members to discuss how our business text messaging service can benefit your business or organization.