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Question

NOT using SMS for Customers


We are only using SMS employee to employee, we rarely use it outside of texting each other and we do not have a SMS sign up on our website. I am not sure what we are supposed to submit for approval when they do not exist within our business. We have about 5 numbers that are consistently texted on a regular basis.

  • New Participant
  • March 15, 2023

I would like to know the answer to this too. We do not utilize texting to customers only employee to employee.


BeckyH
Community Manager
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  • Community Manager
  • March 15, 2023

@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.)).


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