What You Need To Know About TCPA And Text Messaging Compliance



Most business people in different sectors use SMS messaging as a mission critical tool as well as a customer service medium. However, before you leverage this format, you need to make sure that you fully understand the premises of an old regulation that regulates the way business people communicate with their customers. It is referred to as the Telephone Consumer Protocol Act, or TCPA.

TCPA is a law that was enacted way back in 1991 to regulate the use of automatic telephone dialing systems, telephone marketing calls and artificial or pre-recorded voice messages. It aims to protect consumers by making sure that intrusive business practices and unwanted marketing messages by companies because of the rise of automatic telephone dialing systems are avoided.

TCPA allows people to file lawsuits and collect damages for getting unsolicited telemarketing calls, pre-recorded calls, faxes as well as auto-dialed calls. Because of relentless advancements in technology, new rules in the TCPA have been established. In 2015, the Federal Communications Communication released the TCPA omnibus declaratory ruling and order to further clarify the extent of the rule when it comes to text messaging compliance.

Even though there are clear rules about what businesses are supposed to do or cannot do when it comes to contacting customers by text message or phone, most businesses are still not compliant. As a matter of fact, the Federal Communications Communication that oversees the Telephone Consumer Protocol Act received more than four billion complaints from consumers in the United States about unwanted calls and texts in the year 2016. Most of these complaints came from customers that were still getting texts or calls even after repeated requests for them to stop.

Such complaints can lead to lengthy litigations as well as hefty fines for your company if you are not compliant with the TCPA regulations. You can avoid this from happening by making sure that you know what the TCPA says about SMS marketing and what you need to do in order to be text messaging compliant.


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