User Acceptance Agreement of Compliance
Do You Have Permission?
A fundamental step of text message marketing and communication is growing your subscriber base, but laws and regulations say that each subscriber has to give you permission to text them. Before you use the TapOnIt platform to upload subscribers and send out a campaign, please ensure you have an opt-in record for each subscriber with their permission for you to text them.
Read on for more information.
Compliance for TapOnIt Text Message Marketing and Communication Platform
Welcome to our text marketing and communication platform. Before you start using our service, please take some time to read and understand our compliance requirements. Adhering to these guidelines is crucial to protect the privacy of consumers and to comply with the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) and follow guidelines set by the Cellular Telecommunications Industry Association (CTIA).
What is Compliance?
Compliance refers to a set of guidelines that all business text clubs must follow when texting customers. These guidelines are in place to ensure that your platform complies with the TCPA and CTIA regulations. The TCPA and CTIA safeguards consumer privacy by placing restrictions on auto-dialing/robocalling, requiring businesses to self-identify to the consumer, mandating communication to take place between 8:00 am and 9:00 pm, demanding the existence of an opt-out option, taking a firm stance against message spam, and requiring companies to obtain written consent from users before contacting them.
Consequences of Non-Compliance
The consequences of not complying with TCPA regulations can be severe. The FCC will issue a fine for each message that breaches TCPA compliance. These consequences can escalate with repeat offenses and might result in the retirement of the number you’re on, which could negatively impact your hosting service.
Compliance Regarding Consent and Importing Contacts to TapOnIt
The TCPA and CTIA regulations require companies to obtain written consent from individuals before sending text message marketing campaigns to them. This means that uploading or importing an existing client list for text message marketing and communication is only allowed if the individuals on the list have previously given express written consent to receive such messages from your company. Your organization shall maintain the dates and times of opt-ins of the imported list.
It is important to note that obtaining consent does not necessarily mean obtaining a phone number – the consent must specifically include language that the individual is agreeing to receive text message marketing and communication from your company. In addition, the consent must be clear, conspicuous, and unambiguous, and must include information about the nature of the messages the individual will receive, including frequency, content, and potential charges. For examples, please see TapOnIt’s Audience Growth + Compliance Guide.
If your company is found to be in violation of TCPA regulations by uploading or importing an existing client list without obtaining proper consent, it may result in fines, penalties, or legal action. Therefore, it is crucial to ensure that your text message marketing campaigns are fully compliant with TCPA and CTIA regulations to avoid any legal or financial consequences.
How to Stay Compliant
To keep your text club compliant, we recommend the following tips:
- Use an opt-in API to obtain written consent from users before sending them your campaigns. Examples can be found in the Growth and Compliance Guide.
- Use compliance language and calls to action to clarify what customers are signing up for and what they can expect.
- Incorporate keywords into your opt-in system to quickly obtain written consent from your audience.
- Consider using a double opt-in setup to secure your platform better and avoid messaging people who haven’t consented.
- Learn how to set up welcome flows, as they’ll let the user know that they’ve successfully subscribed to your club.
- Always provide a visible set of instructions for opting out to your user base.
You can find information on the terms and conditions of compliance with TCPA on the FCC website, as well as guidance and interpretations of the regulations. Additionally, the FCC has issued several declaratory rulings that provide additional clarification on specific aspects of the TCPA, such as opt-out procedures and the definition of an autodialer.
If you are a business owner or marketer planning to use text message marketing and communication, it is crucial to review the TCPA and CTIA regulations and guidance to ensure that your campaigns are compliant. This can help protect you from legal action and fines for violating TCPA regulations.
Acceptance of Terms
By accepting these compliance guidelines, you acknowledge that you have read and understood the importance of complying with TCPA and CTIA regulations and release TapOnIt of all liability regarding text message marketing and communication compliance. You agree to follow the compliance guidelines and take all necessary measures to ensure that your text club remains compliant with TCPA regulations. Failure to comply may result in the suspension or termination of your TapOnIt account.