What happens if you got consent to send a customer SMS marketing messages, but now that customer denies it? In a dispute over whether or not SMS marketing consent was obtained from a customer, it’s your business’ responsibility to bear the burden of proof and demonstrate that a clear and conspicuous disclosure was provided. In addition it’s your business’ responsibility to prove that the customer unambiguously consented to receive text messages at the number he or she provided.
To protect your business from future TCPA SMS marketing disputes, it is advisable to maintain each customer’s consent for at least four years from that date in which it was given, which is the federal statute of limitations for bringing an action under the TCPA. That’s easy to do when you have a piece of paper with your customer’s written consent on it, but what about when you get your customers’ consent digitally? Below are the answers.
Mobile Opt-Ins
- Keep copies of all advertising that promotes your SMS marketing campaign and provides evidence that the consent disclosures were present.
- Keep a record of all mobile-terminated and mobile-originated messages to and from all SMS subscribers interacting with your SMS marketing campaign.
Web & Point of Sale System Opt-Ins
- Evidence of Internet-provided written consent includes, but is not limited to, screenshots of the consent webpage as seen by the customer, a complete data record submitted by the customer (with time and date stamps) and the customer’s web IP address.
- Keep a record of all mobile-terminated and mobile-originated messages to and from all SMS subscribers from your SMS marketing campaign.
Want to learn more about the TCPA and it’s impact on SMS marketing? Download our free guide on TCPA SMS marketing compliance.
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