Do you ever get frustrated with text messages selling you products that you never asked for? Well, the government implemented laws to protect consumers from these types of texting campaigns, called the Telephone Communications Protections Act (TCPA). tcpa-rules.pdf Florida has followed suit with even more restrictions Statutes & Constitution :View Statutes : Online Sunshine. While it seems great on the surface, it is also a snaring trap for the unwary well-intentioned businesses trying to market to potential customers.
Any business who texts their customers, or potential customers needs to learn the requirements to comply with these laws. These laws also cover Robocalls, pre-recorded voice messages, and unsolicited fax advertisements.
Don’t assume that by using a CRM or a third-party marketing company to handle your leads and communications you are off the hook. Most litigation I have seen in recent years has not been the dealers who are violating the laws, but those they have entrusted to solicit new business for them. These violations, even unintentional, can lead to hefty lawsuits and fines. For every text sent which does not comply with the legal requirements can be from, $500 to $1500.00 (if the court determines the violator knew what they were doing was wrong.) Imagine you have a text campaign go out for 10,000 phone numbers about a special you are running. That could potentially cost you $15,000,000.00. There are several class action attorneys who focus primarily on these laws, suing any business they perceive to be out of compliance.
You should review your marketing and communication policies. If you don’t have any, you should take the time to draft some up. Set up meetings with your third-party CRM providers to find out the life cycle of a lead, the technology they have to review your internal lists for those on the “do not call” list, and if their texting platforms comply with the opt out language. Review your third-party lead providers to make sure that they have the disclosures in place, so a potential customer has to expressly agree to be contacted by an auto dialer, with automated text messages. Have your team do a text leads from these providers to see what it looks like from the consumer perspective. Keep records of the steps you are taking and the meetings you have. Don’t assume this won’t happen to you because you are a smaller business, any business who does any form of marketing is exposed.