The Telecommunications Consumer Protection Act (TCPA) regulates telemarketing calls, faxes, pre-recorded calls, and auto-dialed calls. The FCC has ruled that text messages sent by automated systems are ‘automated calls’, and are therefore subject to the TCPA. With TCPA law continually changing, it is important to have a partner who can assist you to stay compliant. The FCC has mandated that certain disclosures be presented to the customers in a ‘clear and conspicuous’ manner.
Customers must be aware that they will receive future text messages from a specific company, on a particular phone number, and that their consent is not a condition of purchase. The FCC also requires that all businesses obtain prior express written consent for all text messages sent to a wireless number for advertising or marketing purposes.
We can help you understand where these terms need to be disclosed to your customers and when these laws are applicable.