question

@Pinnacle Sothebys International Realty @Andrea Rodriguez
I am enclosing Consent information below - this should help to guide your submission.

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

Message Senders Should Provide Clear and Conspicuous Calls-to-Action

Purpose: Disclosure to ensure that a consumer consents to receive a message and understands the nature of the program

• Invitation to opt-in to a messaging campaign

• Calls-to-Action should not contain any deceptive language

• Calls-to-Action should not be obscured in terms and conditions

• Example of calls-to-action:

  • The program or product description

  • Telephone numbers or short codes from where the message will originate

Ways to Collect Opt-in

Purpose: Help prevent messages from being sent to a phone number that does not belong to the Consumer who provided that phone number (e.g., a Consumer purposefully or mistakenly provides an incorrect phone number to the Message Sender)

For conversational messages:

• Recipient sends you a message first

For informational messages (and conversational):

• Verbally asking recipient if they would like to receive messages

• Clicking a button on a mobile webpage

For promotional messages (and above):

• Entering a telephone number through a website

• Turning on SMS notifications via a website preferences panel

• Responding to an ask, or asking to be sent SMS via email

• Sending a message from the Consumer’s mobile device that contains an advertising keyword

• Signing up at a point-of-sale (POS) or other Message Sender on-site location

• Opting-in over the phone using interactive voice response (IVR) technology

.

Logging Consent:

Purpose: to provide clear evidence that a recipient has opted in to messaging, critical for promotional messages. Carriers may request this information to be provided randomly.

Message Senders should also document opt-in consent by retaining the following data where applicable:

• Timestamp of consent acquisition

• Consent acquisition medium (e.g., cell-submit form, physical sign-up form, SMS keyword, etc.)

• Capture of experience (e.g., language and action) used to secure consent

• Specific campaign for which the opt-in was provided

• IP address used to grant consent

• Consumer phone number for which consent to receive messaging was granted

• Identity of the individual who consented (name of the individual or other identifier (e.g., online user name, session ID, etc.)).