New TCPA Rules for SMS Marketing - Baytech Mobile Response

October 25, 2013

Dear Valued Baytech Mobile Customers:

A new updated ruling by the FCC, went into effect October 16, 2013, regarding SMS messaging services and how you are required to interact with your customers via sms going forward. I will do my best to provide explanation of how we interpret this new rule, what we have been doing from the beginning to always be in compliance, and how the rule affects your future SMS campaigns and/or lists.

The ruling is an update to the 1991 Telephone Consumer Protection Act; an effort to bring it into alignment with the FTC's Telemarketing Sales Rule, part of the Do-Not-Call Implementation Act.

The ruling now classifies text messages along with auto-dialed "telemarketing robocalls," and requires "prior express written consent" from the recipient. This consent can take the form of an "email, website form, text message, telephone key press, or voice recording."  The agreement must now have a "clear and conspicuous disclosure" that providing a phone number will result in message delivery by a specific seller. That seller bears the burden of "proving that a clear and conspicuous disclosure was provided, and that an unambiguous consent was obtained." The ruling now  requires all web form submissions have a double opt-in process and accepting calls or texts cannot be a requirement for purchase. There is no exemption any longer for an existing business relationship.

Exemptions are made for purely informational messages: "For instance, bank account balance, credit card fraud alert, package delivery, and school closing information are types of information calls that we do not want to unnecessarily impede." Non-profit and political messages are also exempt from the rule.

Baytech Mobile has been a leading example of compliance since we began our sms marketing service over four years ago.  All collection of information has been done according to not only the FTC Guidelines, but that of the Mobile Marketing Association and CTIA best practices as well. However, the new rules do require us to further tighten up the disclaimer section of the messaging and opt-in responses.

As of Friday October 25th, 2013, if you are a Baytech Mobile Managed Client, please know that ALL of your Web forms and associated keywords are or have been being automatically updated for you, with a double opt in message, and the more defined disclaimer has been added to the bottom of the web forms on your websites and mobile websites. There are no additional costs to you for these edits and changes. If you are an “unmanaged software only client”, we ask that you comply with these new rules immediately to prevent any problems or complaints.


Here are the changes to your Baytech Mobile terms of service that are effective immediately:

The following is the new disclaimer that must be included on ALL printed material when calling to action with SMS.

·         Receive up to 5/ marketing msgs/mo. Msg&Data Rates may apply. For HELP reply HELP and the KEYWORD. To Stop Reply STOP to STOP. Consent to receive text is not required and/or a condition of purchase.  For SMS Privacy policy visit http:yoursmsprivacy.com (Yes, you have the right to copy and paste and  use this for your printed materials, just change the word KEYWORD with your keyword and put your privacy policy from your webpage on there.)

• All SMS response web forms that are active are now required to send an opt in confirmation to the subscriber, who in turn will need to reply Y to get the message programmed on the keyword that the web form is activating. The double opt in message will state“ Reply “Y” to confirm your subscription to XYZ company” If they reply with a Y, then we will send the message associated with the keyword they are subscribing to.
  

·         An SMS Privacy policy outlining how you will communicate with the client and what information you collect is required to be added to your primary website.  We have attached a sample copy to this notice, so you may use the sample, however we do recommend having your legal advisor review the policy if there are any further questions.

Baytech Mobile does not condone spamming, selling, or tricking a customer into anything.  We believe we give the customer a choice of communicating with you, and when they make that choice we do just that – communicate.  Every message we send has opt out instructions, and every message we send pertains to the topic we are announcing and is regarding the brand, company or service they requested.

Done properly, digital marketing strategies are unbeatable, and we will continue to stay in compliance and show you how to grow large lists of customers to bring profits to your business for years to come.

Best Regards

Jim Beck
Managing Partner
Baytech Companies, LLC
DBA Baytech Mobile