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How to SMS Agreement

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Derek: Hi, everyone. Derek Johnson with tatango.com. Today, were talking with Joe Bowser from Innovista Law in the TCPA Defense Force here at Innovista Law. And today were gonna be talking about arbitration agreements, what they are, why theyre important and how they apply to text message marketing. So, first off, Joe, what is an arbitration agreement? Joe: Arbitration agreement is essentially an agreement between you and whomever youre interacting with. If you have a dispute, youre not gonna resolve it in court. Youre going to arbitrate and thats typically before a third party panel like the AAA or JAMS. These are organizational bodies that facilitate arbitrations. They may have panel arbitrators that you can choose from. But theyre essentially like judges without the rope. Derek: Okay. Joe: So, youve both just agreed. Look, if we have a fight, were not gonna go to court to resolve it. Often, arbitration agreements also haveand this is important in the TCPAwhat are called

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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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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.

How can I get opt-in SMS?

When asking for SMS marketing opt-ins to potential subscribers, be sure to: 💡 Remind them who you are! Especially with your first message to anyone. ( Clearly explain the incentive for opting in. 🗣 Define the frequency at which you will contact them. Be respectful. ✅ This is their personal phone number.

What is SMS terms?

SMS: Short Message Service that allows the exchange of short text messages (maximum 160 characters for one message) between phone, web, or mobile communication systems.

How do I get consent for SMS marketing?

Paper form: Customers give consent on a paper form that clearly states they agree to receive text messages through their phone number from your business. Online form: An online form must explicitly state that the consumer subscribes to receive text messages through their phone number from your business.

What is the difference between opt-in and opt out in SMS?

Customers who agree to receive future text messages from a business opt in by replying to an invitation displayed in marketing materials or online. They can also opt out by replying to a text message with STOP.

What does SMS opt-in required mean?

What is SMS Opt-In? From a compliance standpoint, your customers must willingly give you permission to text them. Your text opt-in is anything that prompts a customer to give you written permission to send them SMS messages. Its best to get this written permission when you get a customers phone number.

Do I need to include opt out in SMS?

A key piece of SMS compliance is the opt-out process. You must make it clear and easy for subscribers to opt out of your SMS program. For example, customers should be able to text STOP to unsubscribe from marketing text messages. Send opt-out instructions often to maintain text message compliance.

What is SMS opt-in requirement?

SMS Opt-In Under the TCPA, businesses are forbidden from contacting consumers via SMS without their written consent. That means, even if a customer has filled out their mobile phone number when filling out a form on your app or website, you dont have permission to send them an SMS message.

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