TCPA Compliance

What is TCPA? 

The Telephone Consumer Protection Act (TCPA) is a United States law that regulates certain communications made via telephone, text (SMS), and other automatic telephone dialing systems. This is to protect consumers from getting unsolicited marketing calls and messages. Every business operating in the United States must abide by TCPA rules to avoid getting fined or subject to other legal penalties. 

Best Practices for Being in Compliance

Get Consent

Before sending marketing messages to your customers, the TCPA requires you to obtain prior express written consent for such marketing messages when collecting phone numbers from your customers. To achieve express written consent, one common practice is to include an opt-in checkbox at the point of collection for the phone number, with a statement similar to: 

I agree to receive text message updates and promotions from “MyBusiness”. Standard messaging and data rates apply. If you prefer not to receive text messages leave this box blank. 

You can obtain expressed written consent from new customers by using Broadly Web Chat.

Maintain Records

• It is recommended to keep a current record of consumers who have consented to receive marketing communications.
• These records should be checked before sending out future marketing communications.
• There should be an easy, straightforward mechanism for individuals to opt out from receiving marketing communications if they decide to revoke consent.

Be Considerate

• You should message thoughtfully and carefully.  For example, you should:
• Limit text messages to between 9:00 am and 9:00 pm local time
• Clearly disclose your identity in the first message that is sent
• Disclose the frequency that messages will be sent during sign-up (e.g. “If you want to sign up for weekly updates, then…”)
• Disclose that message and data rates may apply

Please Note