Text Messaging Featured Article
The FCC's Changes for Mobile Marketers Take Place in October - Are You Ready?
Text messaging has completely dominated the way we communicate on mobile devices over the past few years. It has also opened up doors for brands and marketers to communicate with customers. Are you aware of the FCC’s (News - Alert) Oct. 16 deadline that changes consent rules for mobile marketers?
In an effort to maintain consumer privacy, Congress has made significant changes to the Telephone Consumer Protection Act of 1991 (TCPA), which restricts marketing calls and text messages to cell phones and residential landlines by generally prohibiting communication using automated systems, artificial callers or prerecorded voices unless the consumer gives “prior express consent.”
The new interpretation requires a signed, written agreement that the consumer specifically consents to receiving telemarketing calls or text messages via automated systems, artificial callers, and prerecorded voices on a cell phone or residential line. So, it’s changing into an opt-in system for consumers to give consent for receiving marketing calls and messages.
The consumers must receive a “clear and conspicuous disclosure” of three things:
They will receive future calls containing autodialed or prerecorded telemarketing messages on behalf of a specific advertiser (calls include text messages that contain marketing content);
Their consent is not a condition of purchase;
They must designate a phone number at which to be reached.
This provision does not apply to purely informational or transactional calls or messages, such as flight updates, debt collection calls, surveys or bank account fraud alerts. The rule for the delivery of an autodialed or prerecorded non-marketing call or text message to a cell phone remains the same: only prior express consent is required, provided that the call or message contains no upsell or other marketing content.
If you’re one of the many organizations that aren’t 100 percent sure they have a grip on these new FCC rules, fear not – Freq141 is here for you. Freq141 is an SMS marketing reseller platform that makes it easy for organizations to make money with SMS marketing while complying with regulations like the FCC’s prior express consent rule. It takes care of the written consent by having customers text keywords to a long code, opting in for the messages and usually for an incentive, like a discount. Visit freq141.com to learn more!
Edited by Rory J. Thompson