Many small businesses have faced issues when it comes to communicating with customers in a modern way. Unlike traditional methods of communication such as face to face, emails, or calls, texting customers has become the preferred method across the board.
However, knowing what is an acceptable message to send to customers is a mystery to many people. In many cases, adapting to a text messaging platform may feel as though you are walking in the dark not to mention the legal implications that are needed to protect yourself and your business.
It is crucial for a small business to understand and follow the SMS text message laws and regulations in compliance with the telephone consumer protection act (TCPA).
Read the full guide to TCPA compliance: TCPA Compliance Checklist and Guide for Small Business
You may be asking yourself “How do I know if I have the right permission to send text messages to my customers?”. The answer is simple, in order to have the correct level of permission, it is crucial to know if you have: Implied, Express or Express Written consent from your customers.
|Types of Consent||Overview||Informational||Promotional|
|Implied||- Two Way Conversation
- response to a specfic customer request
- Conversational text message
|Express||- Written or oral agreement
- One-way alert or two-way conversation
- messages containing relevant customer information
|Written Express||- Automated one-way campaign with promotional offer
- messages to promote products or services
- Prompts customer to to buy or take action
TCPA lawsuits can range anywhere from $500 to $1500 per violation. With this being said, it is critical for a business to get the right level of consent to send the right type of message in order to avoid any violations. Check out The Comprehensive Guide for more information regarding TCPA violations.