SMS Legal Rules and Regulations


 The TCPA requires that customers "express written consent" before receiving SMS/Text messages.

 A customer may give consent in one or more of the following ways: 



 

  • Send an opt-in keyword to a specified shortcode
  • Submit their phone number through a digital source (Web form, Email, etc.) 
  • Sign up at your store or place of business

Example of Text to Opt-in: 

 SMS_OptIN__1_.png


To maintain compliance with TCPA make the reasons for your messages plain, clear, and consistent. 

If you have any questions whether your method of opt-in is covered by TCPA please contact OptCulture Support at Support@OptCulture.com.

*Things to note: Under TCPA it is illegal to require customers opt-in to receive any goods, property, or services. 

 

Compliant Call to Action

 Your first text message must be a compliance message confirming their request to opt-in. It should include some important information such as - Your Identity, Message frequency, verbiage regarding possible message and data rates, and how to opt out. 

You should also include the purpose of the messages - whether they are promotional or transactional in nature. 


Although the TCPA does not consider transactional and service-related messages under the same rules as promotional and marketing, it is important that you adhere to the above policies to make sure that you are not accidentally infringing on any regulation.  

For additional information on SMS rules and regulations please contact Support@OptCulture.com or call at 877-578-5778.

Disclaimer: The above is the OptCulture interpretation of the rules and regulations for TCPA compliance. To ensure that you are in compliance with all federal, state, and local laws, please be sure to contact the appropriate governing body. OptCulture is not responsible for the misunderstanding, misinterpretation, or misuse of our SMS solution by any party. Failure to be compliant in all SMS communications is solely the responsibility of the sender and by using OptCulture to send SMS messages, therefore, releases OptCulture from any and all liability.