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© 2014 Tatango, Inc. All rights reserved.
Understanding TCPA Requirements
© 2014 Tatango, Inc. All rights reserved.
Presenters
Derek Johnson - Tatango - @thederekjohnson
Derek Johnson is the found...
© 2014 Tatango, Inc. All rights reserved.
Table of Contents
● CTIA, FCC & MMA
● The History of the TCPA
● Advertising Requ...
© 2014 Tatango, Inc. All rights reserved.
CTIA, FCC & MMA
CTIA
● Created by the wireless carriers.
● In charge of enforcin...
© 2014 Tatango, Inc. All rights reserved.
FCC
● Federal Communications Commission.
● TCPA (Telephone Consumer Protection A...
© 2014 Tatango, Inc. All rights reserved.
MMA
● Mobile Marketing Association
● Releases own best practices document.
● Sim...
© 2014 Tatango, Inc. All rights reserved.
● 1991 - New law restricts telephone solicitations from businesses to
consumers ...
© 2014 Tatango, Inc. All rights reserved.
● 2013, October 16 - New TCPA changes go into effect.
● “Established business re...
© 2014 Tatango, Inc. All rights reserved.
Prior Written Express Consent
● E-SIGN Act - website form submission, or a text ...
© 2014 Tatango, Inc. All rights reserved.
Consent to these terms is not a condition of purchase.
Condition of Purchase Con...
© 2014 Tatango, Inc. All rights reserved.
CTIA Requirements
● Recurring Program Description (& subscribe to receive recurr...
© 2014 Tatango, Inc. All rights reserved.
TCPA + CTIA Requirements
© 2014 Tatango, Inc. All rights reserved.
Exceptions
● Purely transactional messages (account alerts, travel updates, ship...
© 2014 Tatango, Inc. All rights reserved.
Messaging Requirements
Opting-Out
● Text messages must have an opt-out mechanism...
© 2014 Tatango, Inc. All rights reserved.
Enforcement
● Consumer Lawsuit
o Recipients can claim damages of up to $500 for ...
© 2014 Tatango, Inc. All rights reserved.
Record Keeping/Disputes
Record Keeping
● It’s your business's responsibility to ...
© 2014 Tatango, Inc. All rights reserved.
Mobile Opt-Ins
● Keep copies of all advertising that promotes your SMS campaign....
© 2014 Tatango, Inc. All rights reserved.
Notable TCPA Lawsuits
Steve Madden
● TCPA Violation: According to the lawsuit, c...
© 2014 Tatango, Inc. All rights reserved.
Papa John’s Pizza
● TCPA Violation: According to the lawsuit, Papa John‘s franch...
© 2014 Tatango, Inc. All rights reserved.
Jiffy Lube
● TCPA Violation: According to the lawsuit, Heartland Automotive Serv...
© 2014 Tatango, Inc. All rights reserved.
20th Century Fox
● TCPA Violation: According to the lawsuit, Twentieth Century F...
© 2014 Tatango, Inc. All rights reserved.
Simon & Schuster
● TCPA Violation: According to the lawsuit, Simon & Schuster se...
© 2014 Tatango, Inc. All rights reserved.
Coca-Cola
● TCPA Violation: According to the lawsuit, the plaintiff continued to...
Questions?
Derek Johnson
CEO
Tatango
@thederekjohnson
derek@tatango.com
© 2014 Tatango, Inc. All rights reserved.
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TCPA SMS Marketing Laws Webinar

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If you are looking to setup an text message marketing campaign, then it's important that you understand the Telephone Consumer Protection Act (TCPA) or you could face some hefty fines for SMS spam. Watch a recorded version of the webinar here: http://get.tatango.com/webinar-tcpa-sms-marketing-laws

Want to learn more about how the TCPA impacts text message marketing, download our guide to TCPA SMS marketing here: http://get.tatango.com/guide-understanding-tcpa-compliance

Also, check out our free template to TCPA text message marketing compliance here: http://get.tatango.com/blueprint-tcpa-ctia-template

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TCPA SMS Marketing Laws Webinar

  1. 1. © 2014 Tatango, Inc. All rights reserved. Understanding TCPA Requirements
  2. 2. © 2014 Tatango, Inc. All rights reserved. Presenters Derek Johnson - Tatango - @thederekjohnson Derek Johnson is the founder and CEO of Tatango. He’s been helping businesses with their SMS marketing strategies for the last seven years.
  3. 3. © 2014 Tatango, Inc. All rights reserved. Table of Contents ● CTIA, FCC & MMA ● The History of the TCPA ● Advertising Requirements ● Exceptions ● Messaging Requirements ● Enforcement ● Record Keeping/Disputes ● Notable TCPA Lawsuits
  4. 4. © 2014 Tatango, Inc. All rights reserved. CTIA, FCC & MMA CTIA ● Created by the wireless carriers. ● In charge of enforcing SMS marketing practices. ● Mobile Commerce Compliance Handbook ● CTIA performs audits on SMS programs. ● Very specific in regards to text message marketing. (Msg&Data Rates, help & stop commands, messaging frequency, links to terms & conditions, privacy policies, etc.)
  5. 5. © 2014 Tatango, Inc. All rights reserved. FCC ● Federal Communications Commission. ● TCPA (Telephone Consumer Protection Act). ● The TCPA is law... federal law. ● The TCPA is all about businesses receiving permission from the consumer to text message them, and the specifics around how this permission can be gathered, and what is allowed after the permission from the consumer is received.
  6. 6. © 2014 Tatango, Inc. All rights reserved. MMA ● Mobile Marketing Association ● Releases own best practices document. ● Similar to the Mobile Commerce Compliance Handbook that the CTIA puts out. ● The MMA best practices aren’t law, and aren't enforced by anyone. ● Creates industry confusion.
  7. 7. © 2014 Tatango, Inc. All rights reserved. ● 1991 - New law restricts telephone solicitations from businesses to consumers without an “established business relationship”. Enforced and managed by the Federal Communications Commission (FCC). ● 2007 - Ninth Circuit determines law applies to unsolicited text message marketing (Satterfield v. Simon & Schuster). ● 2012, February - FCC announces changes to the TCPA (amendments), taking effect on October 16, 2013. The History of the TCPA
  8. 8. © 2014 Tatango, Inc. All rights reserved. ● 2013, October 16 - New TCPA changes go into effect. ● “Established business relationship” requirement replaced with “prior written express consent” requirement. ● “Prior written express consent” can’t be a condition of any purchase. ● Both requirements need to be clearly displayed to customers before they opted-in to a text message marketing campaign.
  9. 9. © 2014 Tatango, Inc. All rights reserved. Prior Written Express Consent ● E-SIGN Act - website form submission, or a text message will suffice. ● Two requirements to get “prior written express consent” from your customers. o Prior written express consent disclosure (see below). o Disclosure must be made “clear and conspicuous” to customers. Advertising Requirements By participating, you consent to receive text messages sent by an automatic telephone dialing system.
  10. 10. © 2014 Tatango, Inc. All rights reserved. Consent to these terms is not a condition of purchase. Condition of Purchase Consent ● Customers can’t be forced to consent to receive text messages from your business when they make a purchase. ● Disclosure must be made “clear and conspicuous” to customers.
  11. 11. © 2014 Tatango, Inc. All rights reserved. CTIA Requirements ● Recurring Program Description (& subscribe to receive recurring SMS offers) ● Stop Instructions (Text STOP to opt-out) ● Cost Disclosure (Msg&data rates may apply) ● T&C/Privacy Policy Link (T&C/Privacy Policy www.bobsburger.com/sms-terms) & subscribe to receive recurring SMS offers. Text STOP to stop. Message&Data Rates May Apply. T&C/Privacy Policy www.bobsburger.com/sms-terms
  12. 12. © 2014 Tatango, Inc. All rights reserved. TCPA + CTIA Requirements
  13. 13. © 2014 Tatango, Inc. All rights reserved. Exceptions ● Purely transactional messages (account alerts, travel updates, shipping notifications, etc.) ● Entities regulated by the Health Insurance Portability and Accountability Act of 1996. ● Tax-exempt nonprofit organizations. ● Political organizations. ● Customer’s wireless carriers (ie AT&T, T-Mobile, etc.). ● Debt collectors.
  14. 14. © 2014 Tatango, Inc. All rights reserved. Messaging Requirements Opting-Out ● Text messages must have an opt-out mechanism. ● CTIA required opt-out mechanisms (STOP, END, CANCEL, UNSUBSCRIBE, QUIT), Sending Time Frame ● No sending before 8 A.M in subscriber’s own time zone. ● No sending after 9 P.M. in subscriber’s own time zone.
  15. 15. © 2014 Tatango, Inc. All rights reserved. Enforcement ● Consumer Lawsuit o Recipients can claim damages of up to $500 for each text message. o Willfully or knowingly violate the TCPA? Court may increase damages to $1,500 per text message. ● State initiates civil action against your company. ● Complaints may be filed with the Federal Communications Commission, which has the power to assess penalties against your company.
  16. 16. © 2014 Tatango, Inc. All rights reserved. Record Keeping/Disputes Record Keeping ● It’s your business's responsibility to bear the burden of proof for both... o To demonstrate that a clear and conspicuous disclosure was provided. o The customer unambiguously consented to receive text messages to the number he/she specifically provided. ● To protect your business, it’s advised to maintain each customer’s consent for at least four (4) years, which is the federal statute of limitations to bring an action under the TCPA.
  17. 17. © 2014 Tatango, Inc. All rights reserved. Mobile Opt-Ins ● Keep copies of all advertising that promotes your SMS campaign. ● Keep a record of all mobile terminated, and mobile originated messages. Web Opt-Ins ● Screenshots of the consent webpage as seen by the customer. ● Complete data record submitted by the customer. ● Keep a record of all mobile terminated and mobile originated messages.
  18. 18. © 2014 Tatango, Inc. All rights reserved. Notable TCPA Lawsuits Steve Madden ● TCPA Violation: According to the lawsuit, consumers claim that Steve Madden sent them text messages about Steve Madden products and events without their consent. ● Settlement: $10,000,000
  19. 19. © 2014 Tatango, Inc. All rights reserved. Papa John’s Pizza ● TCPA Violation: According to the lawsuit, Papa John‘s franchisees sent text messages to consumers that had previously purchased pizza, in order to get them to order again. Papa John’s was unable to provide any evidence that any customer who received the text messages gave their consent to be text messaged. ● Lawsuit: $250,000,000
  20. 20. © 2014 Tatango, Inc. All rights reserved. Jiffy Lube ● TCPA Violation: According to the lawsuit, Heartland Automotive Services, the largest Jiffy Lube franchisee in America sent over 2.3 million consumers text messages without their consent. ● Settlement: $47,000,000
  21. 21. © 2014 Tatango, Inc. All rights reserved. 20th Century Fox ● TCPA Violation: According to the lawsuit, Twentieth Century Fox and FoxStore.com sent unsolicited text messages to consumers advertising the DVD release of the animated motion picture Robots. ● Settlement: $16,000,000
  22. 22. © 2014 Tatango, Inc. All rights reserved. Simon & Schuster ● TCPA Violation: According to the lawsuit, Simon & Schuster sent unsolicited text messages promoting a new book to 60,000 mobile phones. ● Settlement: $10,000,000
  23. 23. © 2014 Tatango, Inc. All rights reserved. Coca-Cola ● TCPA Violation: According to the lawsuit, the plaintiff continued to receive unwanted text messages from Coca Cola, regardless of their attempts to opt out, and despite Coca Cola’s own confirmation that the defendant would no longer receive text messages. ● Settlement: ....
  24. 24. Questions? Derek Johnson CEO Tatango @thederekjohnson derek@tatango.com © 2014 Tatango, Inc. All rights reserved.

If you are looking to setup an text message marketing campaign, then it's important that you understand the Telephone Consumer Protection Act (TCPA) or you could face some hefty fines for SMS spam. Watch a recorded version of the webinar here: http://get.tatango.com/webinar-tcpa-sms-marketing-laws Want to learn more about how the TCPA impacts text message marketing, download our guide to TCPA SMS marketing here: http://get.tatango.com/guide-understanding-tcpa-compliance Also, check out our free template to TCPA text message marketing compliance here: http://get.tatango.com/blueprint-tcpa-ctia-template

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