CTIA and TCPA Opt-In Requirements

Two governing departments mandate what needs to be included in every opt-in text confirmation. The first is the CTIA (Cellular Telecommunications Industry Association.) The second one is the TCPA (Telephone Consumer Protection Act), which has been put in place to protect consumers from receiving text messages they did not request or agree to receive.

Foxie has years of experience working with SMS messaging and that is why can help explain and guide you through exactly what needs to be done to properly send SMS (text) messages.

There are many requirements from both the wireless carriers’ side and the legal side. The requirements that are listed below are the requirements of the CTIA and the carriers and what they require for delivery on their networks.

 The Wireless Carriers and CTIA Requirements for Opt-Ins

1. The brand name - The sender must make the customer aware of the business name and the number from which they are receiving the text message. Example: If Frankie’s Pizza is sending the message, then the name Frankie’s Pizza must appear somewhere in the message. 

2. Way to opt-out from messages - The message must clearly define what a consumer must do to stop or opt-out of receiving future messages. It is as simple as asking the consumer to reply with the word “Stop.” 

3. Recurring message disclosure -The CTIA is VERY specific that the customer must be aware that they will be receiving future text messages from the brand. The text message needs to make it very clear about this and state that the consumer will be receiving future text messages. 

4. The message data and rates -The message must also state that the consumers' messaging data rates may apply regarding the SMS messages they will be receiving.

5. Customer care contact info - The message must give the consumer a way to contact the brand with any questions or concerns they might have. A phone number or email address is usually provided. 

TCPA Text Message Opt-In Requirements

1. A disclosure about recurring auto-dialed messages - The brands are legally required to advise the consumer that they will be receiving recurring auto-dialed text messages. The verbiage needs to be exactly as the TCPA dictates. 

2. Consent was not a condition of purchase - This is a vital part of the opt-in process because it confirms that the consumer gave consent to receive messages and it was not only because the consumer provided their phone number at the time of making a purchase. 

It's important for businesses engaging in SMS campaigns to stay informed about any updates or changes in regulations to adapt their practices accordingly. Compliance not only safeguards businesses from legal issues but also helps maintain trust and positive relationships with consumers

The above items are legal requirements. Failure to comply with any of these requirements opens the door for consumers to pursue legal action, as they are legally protected by the TCPA.

If the above information sounds confusing... that's because it is.

Let our experts at Foxie guide you through the entire process with our "White Glove Service.".

Foxie has developed FoxieEngage, which is a single platform that gives you the ability to chat, respond to social media questions, text, talk, and communicate with your staff, customers, and vendors…all on their terms and in the way they choose to communicate with you.

Be engaged with your customers...call me at 866-BE-ENGAGED (866-233-6424) text START to FOXIE (36943), or if you prefer, just shoot me an email at smcclellan@foxie.com.

We are looking forward to engaging with you soon.