question

Mike Dickson avatar image
Mike Dickson asked Becky-Community_Manager commented

TCR Registration obtaining consent

We do not plan on creating mass marketing campaign, only person 2 person messaging. Do we need to have consent from recipients from outside our organization ?

sms and text messaging
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Becky-Community_Manager avatar image Becky-Community_Manager ♦♦ commented ·

@Mike Dickson The short answer - yes.
Any business using SMS/texting for one-offs, appt. reminders, friendly updates, texts to internal team members, or informational shares has to register the same as businesses that do big marketing campaigns via text.


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Avi avatar image Avi Becky-Community_Manager ♦♦ commented ·

I operate a professional services practice. Over the years my clients learned they could text my office number which typically set the text conversation in motion, or they would ask me to text them. I do not use texting to market or sell or the like. My questions are: (1) does the consent letter requirement apply to my business? (2) how do I prove Implied Consent? (3) is there a sample letter(s) available for this purpose?

thanks

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Mike Dickson avatar image Mike Dickson commented ·

So reading the CTIA-Messaging-Principles-and-Best-Practices- If we initiate the conversation p2p we have to include a "Stop" option in the message?

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Becky-Community_Manager avatar image Becky-Community_Manager ♦♦ Mike Dickson commented ·

@Mike Dickson Hopefully, these guidelines will be helpful:

Implied Consent (Conversational Messaging Content)

  • First message is only sent by a Consumer

  • Consumer initiates the conversation and the business simply responds.

  • Does NOT provide consent for informational, promotional, or future messaging unless recipient provides consent during conversation


Express Consent (Informational Messaging Content)

  • Consumer needs to agree to receive texts for a specific purpose when they give the business their mobile numbers

  • Consent must be specific for SMS, general language including “opt into communications” is not considered sufficient (instead say “opt into receiving SMS)

  • Does NOT provide consent to be notified of promotional messages unless recipient provides consent to be added to the marketing list.


Express Written, and Logged Consent (Promotional Messaging Content)

  • Consumer needs to agree to receive texts for a specific purpose when they give the business their mobile numbers

  • Consent must be specific for SMS, general language including “opt into communications” is not considered sufficient (instead say “opt into receiving SMS)

  • Businesses that already ask Consumers to sign forms or submit contact information can add a field to capture the Consumer’s consent

  • Consent must be logged as outlined below

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Mark Pash avatar image Mark Pash Becky-Community_Manager ♦♦ commented ·

Under the implied consent guidelines, if consumer (internal staff) messages business first then consent is granted for a response.

If business follows up the next day with an additional message, and the consumer has not replied to the previous message, that would be considered "without" consent.

Correct?

In the above scenario, the only way the business could send a conversational P2P text, where the business was the initiator, would be to have written consent of the consumer?

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Mike Dickson avatar image Mike Dickson commented ·

Is there a hard cutoff date for our SMS messaging if the campaign is not approved by March 31st 2023?

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Becky-Community_Manager avatar image Becky-Community_Manager ♦♦ Mike Dickson commented ·

@Mike Dickson

RingCentral will continue to advocate on behalf of customers who are in the TCR registration process to work to prevent any service disruption.


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Mike Dickson avatar image Mike Dickson commented ·

Where can I find the guidelines you supplied?

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Justin Medeiros avatar image Justin Medeiros commented ·

As a staffing agency, we invite candidates to apply to our job openings with their resumes, which include their mobile phone numbers. Our goal is to help these candidates secure interviews and find their next employment opportunity.

Given that candidates provide their phone numbers during this process, it's natural to wonder about implied consent. Would their submission in reaching out to us constitute an opt-in to receiving text messages from our organization?

To ensure that candidates are fully informed, is it best to include a disclaimer stating that by submitting their application, they are giving explicit consent to receive updates via text. This disclaimer can be included in the job posting or application form and might read something like, "By submitting your application, you are explicitly consenting to receive updates and communications from our organization via text message."?

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Becky-Community_Manager avatar image Becky-Community_Manager ♦♦ Justin Medeiros commented ·

@Justin Medeiros Yes! That would work perfectly. Switching up your form to reflect that they give consent to receive texts is a quick and simple way to ensure you have that consent.
Then make sure you share that consent request method in your TCR registration.

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