We’ve got tons of suggestions. But first, let’s make sure we spell out what express written consent means.

You must have express written consent before your company can legally send text messages to anyone. That means more than just asking for their phone number. It doesn’t matter who it is – an existing customer, a former client, a trade-show lead, or someone on a purchased marketing list. Before that first message goes out, your customer must say it’s okay.

The U.S. Congress created the Telephone Consumer Protection Act to combat unsolicited phone calls. Through the years, however, it has expanded to include new technologies like text messaging. It contains specific restrictions and penalties that companies ignore at their peril. The fines can be as much as $1,500 per message sent. In one of the first class-action lawsuits concerning texting, Papa John’s settled the case against it for $16.5 million in 2013.

What do you need to include in your messages asking for express written consent? Our recent blog will give you the details for your calls to action.

Here are our suggestions for gaining express written consent while abiding by TCPA regulations:

Trade Show Touches

If you regularly exhibit at trade shows, you can promote your text messaging program to prospects,  existing clients and lapsed clients with your booth signage. A stand-alone sign or banner can provide the initial instructions, and your text messaging program can automatically handle the exchange when the customer responds.

Business Cards

If you use business cards at trade shows or other business meetings, you can include initial instructions for opting into your messaging campaign on the business card.

Product Packaging

Include instructions for opting into your messaging campaign on product packaging, shopping bags, tote bags, napkins, or other peripheral materials you regularly give to customers.

Coupons & Discounts

You can offer coupons and discounts if someone signs up for your SMS marketing program, but be careful how you word your offer. Make sure you explain the coupon or discount is only available if they sign up to receive SMS marketing messages from you. So “A 20% discount is available when you join our text messaging list” is okay. “Text us to get a 20% discount” is not.

Emails

If you have permission to email your customers, you can send instructions for opting into your messaging campaign. Be sure to take care in the wording when you offer a discount, coupon or added bonus in your email.

Website

Pop-up windows on your website can prompt users to opt into your messaging program. You can also include information on static web pages that have high traffic.

Contests

Start a contest that includes opting into your texting program. Social media channels work well for this type of customer interaction.

Social Media

Use your social media channels to extend your offer.

Online Ads

Include your offer in online ad campaigns.

Signage, Point of Purchase

If you have a physical location that your customers visit, include your text messaging offer on store signage or point-of-purchase materials. Using a short code phone number can make it easy for a customer to respond.

Customer Receipts

Print your offer on customer receipts or include them on email receipts.

Radio, Television, Newspaper

Media that’s not online can provide a receptive, if different, audience.

Billboards

Drivers don’t have much time to read a billboard, so use clever short codes so that they can remember how to respond. Short codes, unlike long codes, use five or six digits to send a text. Sending “opt-in” to CHEESE could get you extra toppings on your next pizza.

Blogs

Include an opt-in message in all your blogs. Or create pop-up windows that appear while someone is reading a blog. You can provide a special white paper or case study as a premium for opting in. As with coupons and discounts, be careful how you word the offer.

Yard Signs

Yard signs are not just for homeowners. You can use them on your business property to encourage customers, clients or patients to sign up for text messaging.

Tee Shirts

Clever text on your team’s tee shirts can help spread the word at trade shows, charity events or community projects. Short codes would be a great way to keep the message brief.

What Should Happen After a Customer Opts-In

After your customer has opted-in, you’ll want to send a text confirming their participation. In that text, you can mention all the information they need to make an informed decision, such as what they can expect to receive, how often messages will arrive, applicable message and data rates, who you are, and how to opt out. That isn’t a complete list of the information you need to share, but you can find a list in our recent blog. Products like SMS-Magic can help you automate the messages that follow an offer response. What could be easier?

Keeping Track of Who Opted In and Who Opted Out

You’ll need to keep track of who has opted in and who has opted out, as well as who is already in the system to keep one person from opting in multiple times. SMS-Magic can make compliance a breeze, particularly if you have tied your text messaging campaigns into your CRM. No matter what industry you’re in – banking, higher education, hospitality, finance or others, we’ll help you keep up with customer permissions as they opt-in (and perhaps opt-out) of your messaging campaigns.

SMS-Magic is designed to track opt-in and opt-out requests so that you send only to the customers who have specifically asked you to. Our back-end systems are structured so that we can display individual requests, and we can prove you’ve complied with customer requests. You won’t have to worry about regulators asking to see your records. We use on-going processes to collect and store information about distribution and can share it with regulators, if necessary.

Does SMS-Magic sound like the answer you’ve been looking for? We hope so!

Contact us to set up a demo or to start your free trial. Let us show you why your compliance worries will disappear with SMS-Magic!

And by customers, I mean the people who buy goods or services from you, regardless of what you call them – customers, clients, patients, applicants, students, or anything else.

Davidson, a brand and communications agency, answered the question: “Beyond intuitive design, customers are looking for brands that encourage them to be the best versions of themselves – like a good friend. Consumers are looking for brand relationships that feel less robotic and more real – regardless of whether they are purchasing a fast-moving consumer good or a luxury good.”

So what does your compliance with the Telephone Consumer Protection Act (TCPA) have to do with meeting customer expectations?

Everything.

Being a “good friend” to your customers starts with how you reach out to them. It’s simply rude to start sending unsolicited texts to potential customers. You wouldn’t approach a new friend that way – you’d demonstrate much more respect for them. And in this case, it’s also the law.

The TCPA was created to combat unsolicited phone calls. Through the years, however, it has expanded to include new technologies like text messaging. It contains specific restrictions and penalties that companies ignore at their peril. The fines can be as much as $1,500 per message sent. In one of the first class-action lawsuits concerning texting, Papa John’s settled the case against it for $16.5 million in 2013.

Here’s how you can better serve your customers by complying with the TCPA:

Obtain Express Written Consent

You must have express written consent before your company can legally send text messages to anyone. That means more than just asking for their phone number. It doesn’t matter who it is – an existing customer, a former client, a trade-show lead, or someone on a purchased marketing list. Before that first message goes out, your customer must say it’s okay.

That generally means the first contact must made by a different type of communication – email, direct mail, in person, and point-of-purchase materials are some of the most common. You can ask your customer to send a key word to a specific phone number, like sending CHEESE to a pizza company to start texts and get a discount coupon. You could ask customers to fill in their phone numbers on your website. You could also have customers sign up in person at meetings or trade shows.

With any of these methods, however, you must include information about your texting program. Your call to action must meet TCPA requirements before you are legally out of the woods.

How to Structure Calls to Action

Your call to action is any message that encourages your customer to sign up for texting and it can contain an offer like a coupon or discount.

Here are the items you need in every CTA:

Automated Marketing Messages

Your customers must agree to receive automated marketing messages from you. Your CTA needs to be very clear about what they are allowing. Your CTA should also explain that customers don’t have to agree to receive text messages to be able to make purchases from you.

What Can Customers Expect to Receive?

Tell customers what you’ll be sending them. Be upfront about coupons, discounts, newsletters or anything else you have planned in your campaign.

How Often Will Message Arrive?

Explain the frequency of messages. Can they expect weekly messages or is this a one-time contact? Estimate the number of messages you intend to send during a given time period.

Message and Data Rates

Remind customers that they might be charged to receive SMS messages. Most plans include free unlimited texting, but some plans include charges. The wireless carriers require you to put your recipients on notice.

What, Who, When, Why, How?

Either provide a list of terms and conditions for your offer or include a link to more information. Tell the customer the following:

• The company’s identity, the brand name or program.
• How to reach customer service with questions.
• What your customer is saying “yes” to with details of the product or service.
• How to opt out. For example, “Reply STOP to unsubscribe.” Make it prominent.

Privacy Policy

Make sure you include your company’s privacy policy or provide a link to it. If you don’t already have a policy, you’ll need to draft one.

Keeping Track of Who Opted In and Who Opted Out

Our customers use messaging in a wide variety of applications in a wide variety of industries. No matter what industry you’re in – banking, higher education, hospitality, finance or others – SMS-Magic can make compliance a breeze. We’ll help you keep up with customer permissions as they opt-in (and perhaps opt-out) of your messaging campaigns.

SMS-Magic is designed to track opt-in and opt-out requests so that you send only to the customers who have specifically asked you to. Our back-end systems are structured so that we can display individual requests, and we can prove you’ve complied with customer requests. You won’t have to worry about regulators asking to see your records. We use on-going processes to collect and store information about distribution and can share it with regulators, if necessary.

Does SMS-Magic sound like the answer you’ve been looking for? We hope so!

Contact us to set up a demo or to start your free trial. Let us show you why your compliance worries will disappear with SMS-Magic!