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How to Replace Text Marketing Agreement

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Text marketing is an effective method for boosting interest and revenue for your business, but it comes with important legal considerations. In this video, Isaiah Rendoria from Podium shares tips for ensuring compliance based on insights from numerous local businesses. It’s crucial to understand the rules and regulations that govern text marketing, including the Telephone Consumer Protection Act (TCPA) and Do Not Call (DNC) laws, along with relevant state regulations. The TCPA aims to protect consumers from spam. Note that this is not legal advice and you should consult with your legal counsel before initiating any marketing communications.

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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Does SMS consent expire?

Express consent is valid until the recipient withdraws it, but implied consent generally has an expiration date of two years, after which you can no longer legally send CEMs.

What will replace texting?

RCS, or rich communication services, creates an application-based style of text messaging inside a phones native texting app. It is set to replace SMS and MMS messages and let Android users send messages akin to Apples iMessage or Facebooks WhatsApp.

What are the legal requirements for SMS marketing?

Under the TCPA, marketers must receive express written consent before sending promotional messages to their customers. They can obtain this consent in several ways, such as asking their customers to opt in by texting a keyword to a special shortcode or filling out an online form.

Why do SMS expire?

EXPIRED: Means that the handset may have been switched off or out of signal for a long period of time, and the networks validity of the message has expired. They do try to send the message to the mobile over a 24-48 hour period, after this time frame the message would have expired.

How long do SMS messages last?

How long are text messages kept on a phone? They sit on the companys server for anywhere from three days to three months, depending on the companys policy. Verizon holds texts for up to five days and Virgin Mobile keeps them for 90 days.

Are agreements over text legally binding?

Generally, contracts that include an offer, consideration, capacity to contract, and acceptance, are deemed valid by the courts. This is the case for written contracts, digital legal documents, or agreements over text, email, or other forms of communication.

Do you need consent to send SMS marketing?

The Telephone Consumer Protection Act (TCPA) is a United States federal law that requires businesses to get expressed written consent from consumers using mobile devices before sending them marketing text messages.

Is SMS consent legal?

SMS compliance laws place a special emphasis on consent. Under TCPA, you must receive express written consent to text consumers marketing messages. Texting consumers who did not give authorization can cost you fines ranging from $500 to $1,500 per incident. You can obtain express written consent via online forms.

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