Posted: February 22, 2017
“Of course I can text him, I have his consent.” There are few, if any, riskier activities than sending automated calls/texts to wireless phones without the proper level of consent under the TCPA and/or state-specific requirements. The risk is high, regardless of whether the texts are marketing or informational in nature.
Watch the short video below to learn the common misperception of text message compliance.
Cellphone numbers are being disconnected and reassigned at an alarming rate. When a business gains a consumer’s consent to send texts, there is simply no guarantee that in 3 months from now, the same consumer will remain the owner of the phone number. In this situation, a business may find they are now texting someone that has not provided his/her consent.
Some databases exist that can aid in determining the likelihood of the owner of a mobile phone. However, there is no 100%, bullet-proof method of determining if the wireless phone number still belongs to the same party that provided consent.
Consumers do not have to wait on federal or state agencies to come after businesses because they have a private right of action for violations of texting requirements. They can sue you directly or even worse, bring a class-action lawsuit against your company.
For additional questions regarding text message compliance, please reach out to firstname.lastname@example.org.
Kevin Mayfield is a Managing Consultant at CompliancePoint, focusing on US Federal and State consumer privacy law and direct marketing compliance. He is dedicated to keeping his clients updated on the latest changes in the regulatory landscape. He feels his business development and account management experience in a heavily regulated industry is what helps him most in understanding what his clients are facing in their daily marketing efforts as they relate to compliance. Kevin has earned a Certified Information Privacy Professional (CIPP/US) certification from the International Association of Privacy Professionals (IAPP), a Customer Engagement Compliance Professional (CECP) certification from the Professional Association for Customer Engagement (PACE), and received his B.A. in Speech Communication from the University of Georgia. He enjoys family, fishing, and golf in his spare time.