TCPA & CTIA Compliant

The Telephone Consumer Protection Act (TCPA), is a federal law that regulates messaging and sales promotions by phone. It includes the following important points.

1. You must obtain express written consent before sending promotional messages.
- Messages soliciting anything requires proof of consent by the recipient. SMS opt-in using a mobile keyword and online sign-up forms generally provide evidence of consent. Written consent may be paper sign-up forms expressly indicating SMS messaging content.
- Voice broadcasting with pre-recorded messages are a form of messaging. Requiring a caller to press the number 1, for example, provides express consent to receive the voice broadcast message.
- Internal communications, emergency alerts, etc. require written or documented verbal consent.
2. Promotional and solicitation messages may be sent only from 8:00 a.m. to 9:00 p.m., recipient’s time.
3. Automated or manual messaging systemss must provide for opt-outs by any reasonable means, and senders may not restrict or prevent opt-out methods.
4. TCPA violations are subject to a fine of up to $1,500 per each message sent per recipient for every occurance.

You can use these links for more precise information:

http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf
https://www.fcc.gov/general/telemarketing-and-robocalls
https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order

Mobile carriers created an organization called the CTIA to regulate message content and frequency on their networks. Prohibited content includes:

- Adult content
- Alcohol, tobacco, or firearms
- Illegal or illicit drugs
- Violence, hatred, or profanity
- Gambling

You can use these links for more precise information:

http://www.wmcglobal.com/#!us-resources/pk4u2
https://www.wmcglobal.com/ctia-short-code-monitoring-hb-v1-5-

Additional information on voice broadcasting can be found on the National Do-Not Call Registry:

https://donotcall.gov/

 

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