Is The Text Message Campaign Information, Solicitous Or Dual-Purpose?

Posted: April 26, 2017

Text Message CampaignThe Difference between Informational, Solicitous and Dual-Purpose Text Messages

By this point, you may already be aware of the risks associated with contacting consumers on their mobile phones using an ATDS. More specifically, you may be aware of the recent, big brand names scrutinized under the TCPA for sending non-compliant text messages to consumers. Considering the risk of the current regulatory environment, you may be wondering if you should even consider communicating with consumers via text message.

Absolutely! When used compliantly, text messaging can have a great positive impact on an organization’s relationship with its customers, not to mention the potential to increase revenue in the process.

Today, cellphones are the main channel of communication. Considering the fact that most people have their cellphone within arm’s reach at almost any moment, organizations have the power to reach consumers with increased response rates. Thus, mobile marketing can be a great way for businesses to engage with current and potential customers.

Because the requirements vary based on the type of message being delivered, it is important to note the different compliance implications between informational, solicitous and dual-purpose campaigns. If your organization is considering a text message campaign, watch the short video below to learn the difference between the 3 types.

 

 

Below are few additional facts regarding the 3 different text message campaign types:

  • Informational text messages sent using a manual dial method are not subject to Do Not Call (DNC) and wireless regulations. However, when using ATDS, express consent is required to send an informational text.
  • Marketing text messages are subject to DNC and should be treated as phone calls for compliance purposes. In contrast, text messages sent using an ATDS fall under the TCPA requirements. Thus, obtaining express written consent from the consumer is necessary. Additionally, companies must remember to accept and honor Do Not Text and Opt-out requests.
  • Dual-purpose text messages (communications containing both informational and solicitous content) fall under the same requirements as marketing text messages and, therefore, must be treated as such.

It is important to remember that if a wireless number is disconnected and reassigned to a new person, you do not have the consent of the new subscriber to text him/her using an ATDS. Prior to sending texts, your company should utilize the available tools to feel reasonably certain the ownership of a cellphone has not changed.

We understand every aspect of text message compliance may be tough to navigate. If you’re not sure what requirements apply to your organization’s text message campaigns, please feel free to reach out to us at consulting@compliancepoint.com with any questions you may have.

Kevin Mayfield

Author: Kevin Mayfield

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.

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