The video above shows our CEO, Derek Johnson, discussing the consequences of violating the TCPA. For those of you who prefer reading, we’ve written a summary below. If you have other questions, you can find answers in our Q&A video library.
SMS marketing campaigns can be an effective way to advertise your products, sales, services, and jobs to a large audience. However, your SMS campaigns need to follow the FCC’s Telephone Consumer Protection Act (TCPA) regulations.
The TCPA was created to safeguard consumer privacy with regard to voice calls, SMS texts, and faxes. This law requires that companies obtain consumers’ prior written consent before texting. Companies that fail to abide by this law can become vulnerable to lawsuits—the costs of which can shut down the company in extreme cases.
We have created a helpful free marketing compliance guide for companies looking for more information on TCPA compliance, and we explain more below.
What Happens If You Violate the TCPA?
If you violate the TCPA by sending SMS marketing messages to customers without their prior express written consent, you immediately become open to lawsuits. The recipient of your SMS marketing message can sue your business for each message they’ve received from you, to the tune of $500 per message. If a court determines that your violation was willful or intentional, those fines triple to $1,500 per text message.
That’s bad enough, but these recipients can band together in a class action lawsuit, which means legal fines can rapidly inflate into millions of dollars. They can also file complaints with the FCC, and the FCC can further penalize you for violations.
These laws are serious and can be detrimental to the survival of your company. To make sure your SMS marketing campaigns are free of any violations and are compliant with the TCPA, use this free SMS marketing compliance guide.
We hope that answers your question about TCPA compliance violations. For any other questions, feel free to browse our free text message marketing resources. If you have a more pressing concern or question, don’t hesitate to contact us directly.