TCPA Consent Guidelines for Text Marketing in USA
In this article, we talk about the impact that the Telephone Consumer Protection Act (TCPA) has on text message marketing, and we provide an answer to the question: What does consent is not a condition of purchase mean?
When someone subscribes to a text message marketing campaign from a brand that provides a correct overview of the terms and conditions for its campaign, then that person will encounter the sentence “Consent is not a condition of purchase”. However, for a lot of people it is unclear what this term actually means.
What Does Consent Is Not a Condition of Purchase Mean?
The meaning behind the term “Consent is not a condition of purchase” is that consumers do not need to provide their phone numbers and give their consent to receive autodialer SMS messages before they are allowed to make purchase with a seller.
This is a TCPA requirement for written agreements so that consumers are aware that they can always complete transactions while withholding their consent to receive marketing related text message.
In the past, sometimes brands would say something like, “We need your mobile phone number in order to finalize the purchase.”The TCPA now protects consumers from these kind of practices, which is something that the United States Congress and the Federal Communications Commission (FCC) require.
Consequences of Violating the TCPA
Brand who do not disclose the required term “Consent is not a condition of purchase” in their written terms and condition agreement with the customer, face the risk of having to go to court for a TCPA violation.
A plaintiff’s attorney in a TCPA case will then be able to argue that the seller’s whole written agreement and the given consent are invalid.
The information above is important, because brands that receive penalties for violating the TCPA can get themselves in big trouble. Not having the right consent from a consumer can expose them to very expensive fines.
A negligent TCPA violation can cost the brand $500 per text message or phone call. What’s worse, when a brand willfully violates the Telephone Consumer Protection Act, then suddenly we are talking about a fine of no less than $1,500 per SMS message or phone call, which needs to be paid to each individual plaintiff that sues the brand for the violation.
Huge, million dollar fines can be the end result, end then brands also face separate statutory penalties from the Federal Trade Commission (FTC) and the FCC. Fines coming from these organizations can get as high as $20,000 per send out text message.
Avoid Expensive Fines and Deliver a Good Messaging Experience
All of the information above makes it super clear how important it is for brands to include “Consent is not a condition of purchase” into their terms and conditions agreements.
As a brand, being TCPA compliance is extremely important. It ensures that the consumer has a good text message marketing experience, and that the brand does not have to pay hefty fines.
Learn More About Being TCPA Compliant with Your SMS Marketing Campaign
If after reading this article you still have questions about the TCPA, text message marketing and/or the term “Consent is not a condition of purchase”, then don’t hesitate to contact us. We love to answer all your questions regarding this important mobile marketing topic.
In addition, you can also learn more about being TCPA compliant by watching the educational videos in this Tatango YouTube channel playlist.