New Fcc and Tcpa Rules for sms October 2013

joecarson1 · 28th Apr 2013, 01:27 PM

I have reached out to some major sms providers for comment on these new rules. I suggest others do the same and post info here.

Klein Moynihan Turco LLP New TCPA Rules Effective October 16, 2013 - Klein Moynihan Turco LLP

http://www.mofo.com/files/Uploads/Im...ffect-2013.pdf

Email I sent to sms message suppliers yesterday [waiting for reply Monday]

Questions:

1. Currently someone sends a text to opt-in to a list and they receive a message letting them know how they can opt-out.

Does the new law mean that the message delivered when they opt-in [Reply HELP for help. Reply STOP to cancel. Std msg&data rates apply] will be have to be changed in some way?

If so, will the change include some sort of a e-signature "check box" that they have to check to allow us to send future messages? This would appear to be a double opt-in process to me.

2. Does this new law effect they way we handle "lead list" prospects [those that we will not be sending future sms messages to]?

3. Does the new law require the need for us to re-opt-in current customers [of our clients] who are now receiving messages on behalf of our clients?

If so, will it simply be us sending a new sms message to all the current customers [of our clients] that has the e-signature "check" box in it.

I am sure we will lose some current customers [of our clients] if these new rules are as stated above via the re-opt in and potential double opt-in processes, and if so shouldn't we start the process of re-opt in now vs. waiting till October.

Finally, if the October rule changes require ALL of us to change the way we do business and serve our clients, would it not be best for you [and the industry as a whole] and its clients to adopt the rule changes asap.

I look forward to hearing from a reliable source, such as the powers that be at your company, as to what the real story is here.

joecarson1 · 28th Apr 2013, 01:31 PM

"
Include language next to the unchecked box that explicitly states what the individual is agreeing to, and include the disclosure described above. For example: By checking this box, I agree to receive [prerecorded telemarketing messages/marketing text messages] from [company] at the mobile number I have provided. I understand that I am not required to provide my consent as a condition of purchasing any goods or services; "

RaymondB · 21st Oct 2013, 01:37 AM

joecarson1 Thank you so much for the update!! Very helpful to me...

28th Apr 2013, 01:27 PM	#1
joecarson1 Active Warrior Join Date: 2011 Posts: 94 Thanks: 131 Thanked 96 Times in 42 Posts	New Fcc and Tcpa Rules for sms October 2013 Share on: I have reached out to some major sms providers for comment on these new rules. I suggest others do the same and post info here. Klein Moynihan Turco LLP New TCPA Rules Effective October 16, 2013 - Klein Moynihan Turco LLP http://www.mofo.com/files/Uploads/Im...ffect-2013.pdf Email I sent to sms message suppliers yesterday [waiting for reply Monday] Questions: 1. Currently someone sends a text to opt-in to a list and they receive a message letting them know how they can opt-out. Does the new law mean that the message delivered when they opt-in [Reply HELP for help. Reply STOP to cancel. Std msg&data rates apply] will be have to be changed in some way? If so, will the change include some sort of a e-signature "check box" that they have to check to allow us to send future messages? This would appear to be a double opt-in process to me. 2. Does this new law effect they way we handle "lead list" prospects [those that we will not be sending future sms messages to]? 3. Does the new law require the need for us to re-opt-in current customers [of our clients] who are now receiving messages on behalf of our clients? If so, will it simply be us sending a new sms message to all the current customers [of our clients] that has the e-signature "check" box in it. I am sure we will lose some current customers [of our clients] if these new rules are as stated above via the re-opt in and potential double opt-in processes, and if so shouldn't we start the process of re-opt in now vs. waiting till October. Finally, if the October rule changes require ALL of us to change the way we do business and serve our clients, would it not be best for you [and the industry as a whole] and its clients to adopt the rule changes asap. I look forward to hearing from a reliable source, such as the powers that be at your company, as to what the real story is here.

28th Apr 2013, 01:31 PM	#2
joecarson1 Active Warrior Join Date: 2011 Posts: 94 Thanks: 131 Thanked 96 Times in 42 Posts	Re: New Fcc and Tcpa Rules for sms October 2013 Share on: " Include language next to the unchecked box that explicitly states what the individual is agreeing to, and include the disclosure described above. For example: By checking this box, I agree to receive [prerecorded telemarketing messages/marketing text messages] from [company] at the mobile number I have provided. I understand that I am not required to provide my consent as a condition of purchasing any goods or services; "

21st Oct 2013, 01:37 AM	#3
RaymondB HyperActive Warrior Join Date: 2013 Posts: 249 Thanks: 235 Thanked 23 Times in 21 Posts	Re: New Fcc and Tcpa Rules for sms October 2013 Share on: joecarson1 Thank you so much for the update!! Very helpful to me...
	Friendly advice, useful tips... Raymond B.