Shastic Text Messaging Guidelines

TCPA Compliance

Elle is TCPA Compliant. Please visit this article to know more.

In 2015, FCC released a Ruling and Order concerning the Telephone Consumer Protection Act (TCPA) that immediately addressed text messaging and consumer protection. Here are the highlights:

• FCC reaffirmed text messages are subject to the same consumer protections under the TCPA as voice calls.
• Written consent is required before sending any marketing text message to a consumer mobile phone.
• “On-demand” text messages sent in response to a consumer request are not subject to TCPA liability.
• Required to retain records of communication-related to business made through text messaging applications.

As a response to these requirements, Shastic follows these best practices below:

• Ensure legal compliance with the TCPA and FCC rulings.
• Only send a message to legally obtained opted-in numbers.
• Obtain prior written express consent from contacts before sending messages.
• Document and save program opt-ins and permissions

Opting-in

Thanks to the E-SIGN Act, prior written consent may include electronic or digital forms of signature. These include agreements obtained for text message opt-in via email, website form, text message, dial pad or voice recording.

Check this article for more information about strategies to collect opt-ins

Opting-out

According to the TCPA, your contacts should have the ability to opt-out at any time.

How does Shastic Manage Opt-outs?

When a contact sends STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to one of your numbers, Shastic will prevent them from receiving any additional messages until that contact responds START. We then place that contact in the default 'Stopped' group. The contact is removed from all other groups and specially marked so that any outbound message attempts are blocked.

Sending Timeframe

The TCPA stipulates that text messages may only be sent between 8 a.m. and 9 p.m. in the time zone your recipient is in. If your service sends messages to contacts in different time zones, contact us about the various options we provide.  

Record Keeping

To protect your organization from future disputes, it's advisable to maintain each contact's consent for at least four years from that date in which it was given, which is the federal statute of limitations for bringing an action under the TCPA.

Elle is TCPA Compliant. Please visit this article to know more. 

For more information, please reference the FCC rulings:  https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-72A1.pdf