In the video above, Tatango CEO Derek Johnson answers the question, “How long do you need to keep records for TCPA?” Prefer to read instead? No problem, please see the post below. You can also find answers to all of your SMS marketing questions in our Q&A video library; click here to browse.
What Is the TCPA?
The Federal Communications Committee (FCC) regulates communications across the United States. Within the FCC, the FCC enforces a law called the Telephone Consumer Protection Act (TCPA). The TCPA protects consumers from various types of communication solicitation, such as automatic dialing systems, artificial or prerecorded voice messages, unwarranted SMS text messages, and more.
The TCPA has numerous types of regulations, such as prohibiting solicitors from calling residences during certain hours, requiring solicitors to honor do-not-call requests, and additionally, SMS providers keeping a record of the text messages they send. If a brand or organization violates the TCPA, consumers can take legal action and even sue $500 to $1,500 per unwanted text message.
How Long Do You Need to Keep Records for TCPA?
Brands and organizations need to keep records of the SMS messages they send for at least four years. The records must consist of all types of opt-in and opt-out messages, as well as disclaimers about recurring messages, mobile originated messages, mobile terminated messages, and any advertisements containing call-to-actions promoting a text message campaign, i.e., “text DEALS to 12345”.
It’s recommended to keep records for at least four years to protect a brand from being sued if a consumer claims that they receive unwanted messages. If the consumer did provide consent or opt-in, the brand could provide evidence via those records that they aren’t violating the TCPA, and can thus protect themselves from being sued.