SMS Gatez, TCPA & Your Biz

TCPA Compliance & Your Biz

TCPA Compliance should always be your primary concern when creating marketing campaigns no matter if you are telemarketing, texting or sending an email blast.   

If you are a seasoned digital marketer then you know most of the roadblocks that are set up to protect both you and the consumer.  But let’s face it, there are still some bad apples out there that are spoiling the barrel.  

A history lesson for those that are not in the know.  In 1991 US Congress passed legislature that became law placing restrictions on primarily the telemarketing industry.  This was the Telephone Consumer Protection Act aka TCPA.  This is enforced by the Federal Communications Commission aka FCC and placed restrictions on the use of automated telephone dialing systems/software and artificial or prerecorded voice messages. 

As our technology has improved, our ability to market our businesses started to grow and take on a life of its own.  

New regulations went into effect in 2013 which increased consumer protection.   Protection against unethical marketing practices.  

 Opt In Data: Businesses/Marketers are now required to only call/send messages to consumers who have opted in to receive offers and/or promotions.  This means that the business must have written permission to contact the consumer.  Opt in data can also be acquired via online website registration provided there is a definite timestamp and IP address from the consumer.

Timezone Compliance: Prohibits marketers from calling residences before 8 a.m. or after 9 p.m. local time.

Suppression Record: Marketers are required to maintain a company-specific “do-not-call” (DNC) list of consumers who have asked not to be called; the DNC request must be kept on file for 5 years.

Data Scrubbing: Marketers are required to scrub against Federal and State Do Not Call Registries.

Identification: Marketers are required to provide their name, the name of the person or business name on whose behalf the call is being made, and a telephone number or address at which that person or business may be contacted.

Robo Calling: Marketers are prohibited from using an artificial voice or recording to consumers.

Autodialer Calls to Emergency Phone Numbers: Marketers are prohibited to use automated telephone systems with artificial or prerecorded voice to any emergency line, hospital, physicians office, health facility.  Cell phones or services that consumer is charged for the call. 

Multiple Lines Simultaneously:  Marketers are prohibited from dialing multiple lines in a single business. 

Spam Faxes:  Marketers are prohibited from sending unsolicited advertising faxes.

TCPA Violations can cost up to $500 per each violation or the actual financial loss depending on the judge and may seek and injunction as well.   If the judge finds the   claim to be of a willful nature then the plaintiff can sue for up to three times the damages.                    

SMS Business Texting Best Practices

Compliancy is our focus!  We will help you stay compliant with tools to help you maintain your compliance while you focus on your marketing campaigns.  

Smart Time Zones to keep you within compliant sending hours.  We have a smooth transition that will protect you from sending texts too early or too late in the day.  

Spin Tax that will help maintain DID longevity.  Always having enough variation set in your messaging to avoid the nasty carrier filters that will flag your messages and set blocks on your SIM number or virtual number if you are using our Bring Your Own Route (BYOR) option. 

Conversational Messaging that keeps you compliant using Auto Responders.  Carriers do not block messages that have a back and forth conversation.  We offer unlimited responders with unlimited keywords to trigger specific responses. 

Contact Scrubbing is available as an added purchase option on the website to scrub out State and Federal DNC numbers from your contact list.  Scrubbing also removes the landlines so you are not wasting your time or $$s sending out failed messages.

 SIMDROID is one of our key products that gives you the best delivery sending your messages as P2P rather than A2P.  Check out our website www.smsgatez.com/simdroid