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TCPA Marketing Compliance: Handling Text Message Opt-Outs

Updated: Sep 20


Man sending text message

By now, you should know that the FCC has passed new rules aimed at protecting consumers from telemarketing calls (TCPA). But text messages are also a part of these rules. Businesses must allow consumers to opt out of receiving text messages by responding with a keyword like “STOP.” Additionally, businesses are permitted to send a one-time confirmation text after receiving an opt-out request, confirming that the consumer will no longer receive messages.


The key difference in the new rules going into effect on January 25th, 2025, is that the FCC is outlawing the use of 'automation' when dialing or texting consumers, unless consent has been received and recorded. Businesses that use any type of auto-dialer, pre-recorded messages, AI-generate voice calls or auto-texting technology must receive consent from consumers (including business consumers).


This puts businesses in a tough spot because entire sales teams are built around auto-dialing and auto-texting systems. A robust consumer consent and consent revocation process must be implemented.


Ensuring Compliance

To comply with these new rules, businesses must:


  1. Automate Opt-Out Recognition: Ensure that your messaging systems automatically recognize and process opt-out requests sent via text. This includes keywords like “STOP,” “CANCEL,” or “UNSUBSCRIBE,” which should immediately trigger a cessation of further communications.

  2. Send Confirmation Messages: The new rules permit a one-time confirmation message after an opt-out request. This message should confirm that the consumer’s request has been received and that no further messages will be sent.

  3. Maintain Accurate Records: Keep detailed records of all opt-out requests and confirmation messages sent. This documentation is crucial in case of any disputes or regulatory checks.


Why This Matters

The FCC’s new rules are designed to protect consumers from unwanted communications while providing businesses with a clear framework for handling opt-outs. By adhering to these regulations, businesses can avoid penalties and maintain a positive relationship with their customers.


Conclusion

Staying compliant with the FCC’s new text message opt-out rules is essential for any business engaged in text-based communications. By automating processes, sending confirmation messages, and maintaining accurate records, you can ensure that your business remains compliant while respecting consumer preferences.


Remember, these rules are going into effect on January 25th, 2025. If you have more questions about the new TCPA rules and text messaging, read this article or feel free to reach out to OptifiNow.

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