Last year Papa Johns and Domino’s settled class action lawsuits for a combined total of more than $26 million due to unsolicited text messages. That’s right, text messages cost the chains a lot of dough (yes it’s cheesy but we couldn’t resist). The scary thing is that these settlements happened prior to the latest round of TCPA modifications which went into effect at the end of 2013. These changes further limit who can receive those promotional texts and phone calls.
Although these TCPA changes may seem like old news, many companies are not being proactive about compliance. The time to make sure your campaigns are TCPA compliant is now – before you end up on the wrong side of a lawsuit. Spending a little now can save you a lot down the road.
Here is what you need to know about TCPA regulations and your campaign. Before sending that text to consumers, you MUST have express written consent from them. This means the consumer needs to be given:
- • clear and conspicuous disclosure that (s)he will receive calls/texts from the advertiser
Example:
“I hereby consent to receive telemarketing calls from or on behalf of [ADVERTISER] at the telephone number provided above I understand that consent is not a condition of purchase.”
The consent must be signed. Both electronic signatures (email, texts, website forms) as well as physical forms of signature (contracts, order forms) are acceptable.
Should an issue arise regarding consent, the seller will have to prove that the consumer provided express written consent. In the event that consent like the one in the above example was not signed by consumers, the penalty can be up to $1500 per violation.
Digital Law Group can assist you with your marketing campaigns to ensure that you will not be exposed to potential fines. Contact us today to schedule your free consultation.
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