Opt-In Guide for SMS and Call Campaigns with Best Practices
What Is An Opt-In?
The TCPA (Telephone Consumer Protection Act) protects your personal cell phone from receiving hundreds of unwanted text messages per day. In fact, it keeps your cell phone from turning into your email inbox: unmanageable and full of spam. In other words, you probably enjoy the benefits of the TCPA and are realizing, as you read this, that it’s an important law. And, one of the key rules of the TCPA is that, in most cases, it requires you to get written permission (aka “opt-in” or “prior express consent”) from recipients before sending automated calls or text messages to their cell phones. This is required even if the recipient is an established customer, patient, employee, club member, registered user, etc.
How Do I Get Opt-Ins From My Clients?
There are many ways to ask recipients to opt-in to receiving your automated calls or text messages:
- Add a checkbox and opt-in wording to a paper registration form.
- Add a checkbox and opt-in wording to an online registration form.
- Ask for permission via email.
- Add opt-in wording to an existing agreement that customers routinely enter when doing
business with you (contract, terms of service, SOW, etc).
What Are Examples of Opt-In Wording for Informational Campaigns?
Although we cannot give legal advice regarding the TCPA, here are some examples of the opt-in wording our customers are currently using for informational campaigns. Please note: promotional campaigns that can result in the sale of a product or service have additional requirements.
“By completing this form, I am agreeing to receive automated appointment confirmations via call, text message, or email.”
“▢ By checking this box you are allowing (Company Name) to send you automated text messages and calls to the phone number you have provided.”
“I authorize (Company Name) to send automated calls and text messages to this cell
phone number: _________________”
“Use this phone number to send me automated text and call notifications: _______________”
I’m a Healthcare Provider, Am I Exempt?
The TCPA states that healthcare providers can send “urgent” healthcare treatment information without receiving prior consent, BUT, patients may not incur charges for the message, i.e., messages cannot count toward the patient’s text/minute allowances, or other plan limits. Because, this is impossible to know and because some types of healthcare messages require a verbal opt-in and others require a written opt-in, it has become standard practice for healthcare providers to get a written opt-in from all patients.
Does ReminderCall Need to See My Opt-ins?
ReminderCall.com is merely a platform for you to use to send your automated calls, text messages, and emails. You are solely responsible for the content of your calls, text messages, and emails, and you have sole liability for your communications. To use the ReminderCall platform, you must sign the Compliance Agreement where you acknowledge your legal responsibility to collect opt-ins from your recipients.