Can consent be given over text?
Express consent comes in the form of an individual agreeing to receive texts in the future. You can obtain express consent by simply asking the customer over text after they text you, on your website, verbally, or on a written form. Really, its quite simple, ask for permission to text people in the future.
What qualifies as SMS consent?
SMS consent refers to whether someone is opted in (i.e., if they have agreed to receive marketing text messages from your brand).
Do you need consent to send SMS?
Text Message Laws The major theme of the TCPA is that you must obtain express written consent from people before sending them promotional text messages. Failure to do so can trigger large class-action lawsuits and penalties of up to $500 per text. The good news is that getting consent isnt that hard.
Do you need consent to send SMS?
Why do I have to get consent? You cannot send text messages just because you have someones number you have to have consent. The Federal Communications Commission (FCC) enforces rules under the Telephone Consumer Protection Act (TCPA) to protect consumers from unwanted calls or text messages.
Can you make a legally binding agreement through text?
Should you use a text message as a legal document? This ruling states that as long as text messages satisfy the necessary conditions required of a bilateral contract in offer, consideration, capacity, and acceptance, they can be considered legally enforceable.
Is a text message legally binding in Canada?
Regardless of whether your agreement is made verbally, in writing, via text message exchange, or downloaded from the internet, if the three factors are present: offer, acceptance, and consideration, a legally binding contract may be found.
What are examples of SMS opt-in?
For example, Yes! Please send me special offers and updates. or Text me with sales! represent explicit requests for opt-in texts from a business. An automated response sent via an SMS platform would also qualify as an opt-in request.
What are examples of express written consent?
Heres some sample language for express written consent via web forms: By pressing [Name of Button, i.e., Submit], I agree to receive recurring messages from [Company Name] to the provided mobile number and also agree to the [Company Name] terms and privacy policy at [link]. Message data rates may apply.
How can I get SMS consent?
Express consent comes in the form of an individual agreeing to receive texts in the future. You can obtain express consent by simply asking the customer over text after they text you, on your website, verbally, or on a written form. Really, its quite simple, ask for permission to text people in the future.
Can a text message be a legally binding contract?
Text as Contracts The answer is YES assuming certain elements are met. Courts that have been faced with this question have found that agreements entered into via text messages are enforceable borrowing from basic contract formation principles and the reasoning applied to email messages.
