In the video above, Tatango CEO Derek Johnson answers the question, “What Does Consent Is Not a Condition of Purchase Mean?” 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 does “Consent Is Not a Condition of Purchase’ mean?
Let’s begin by discussing where this phrase originates. The Federal Communications Committee (FCC) regulates communications across the United States. Within the FCC, there is a law called the Telephone Consumer Protection Act (TCPA) that the FCC enforces. The TCPA is the law dictating that consent is not a condition of purchase.
What this means is that a consumer can consent to receive text messages, but that doesn’t mean that the consumer then has to make a purchase. Conversely, a brand cannot make you consent to receive text messages in order to make a purchase.
An Example of “Consent Is Not a Condition of Purchase” in a Purchase Situation
To illustrate an example, let’s say that you want to purchase an Xbox. As a part of your purchase process, you go to an electronics store. At the point of sale, the cashier states, “Before we allow you to purchase an Xbox, you must consent to receive our text message marketing messages.” This is a violation of the TCPA, which states that requiring consent as a condition of purchase is against the law, and thus the retailer cannot force a consumer to opt into their program before they purchase.
Do you have more questions about TCPA compliance? Check out our series of helpful TCPA compliance videos.