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The TCPA (Telephone Consumer Protection Act) Has Changed.

On October 16, 2013, the FCC established revised guidelines for how companies can correspond with consumers through promotional or auto-generated SMS/text messages. The revised law now prohibits sending mobile telemarketing messages without prior express written consent (PEWC). Unlike previous recommended best practices (such as those outlined in documentation from the MMA or CTIA), the new TCPA is law. Violators will be subject to legal action and penalties. Zoove and StarStar campaigns are TCPA compliant.

StarStar Has You Covered.
Discover Interactive Voice Response.

We’ve always counseled our clients about the importance of consumer opt-in and consent in mobile communication.

So, while the TCPA might seem like an added layer of complexity keeping you from your customers, we’ve worked with our legal team to create a consumer-friendly solution that meets updated legal requirements.

IVR (Interactive Voice Response) Audio Messaging ensures your StarStar campaign will comply with the new law and offer consumers a seamless experience.

StarStar's Compliant Experience

Step 1

Consumer calls your StarStar number.

Step 2

Caller gets an IVR audio message with TCPA-mandated disclosures, and is asked to: Press 1 to consent and receive the text message. Or press 2 to end the call and decline the message.

Step 3

If customer opts in, they receive an SMS message with your content.

 

WARNING

Violations carry a stiff penalty:

Violators will be fined $1500 for EACH sent text message that does not comply with the new law.

What Does the New TCPA Mean for You?

Brands that communicate with customers and prospects via mobile are now required to offer clear disclosure and obtain PEWC from consumers.

Step 1: Clear Disclosure

Consumers must be aware that by providing signed agreement:

  • They are authorizing the delivery of automated messages
  • They unambiguously agree to receive calls/texts at the designated customer number
  • They are not required to enter the agreement as a condition of purchasing any property, goods or services

Step 2: Signed Written Consent

  • The FCC rule states that electronic signatures obtained in accordance with the E-Sign Act are sufficient for purposes of this rule.
  • “Electronic Signature” as defined by the E-Sign Act can be obtained by various means, including through an email, website form, text message, telephone key press or voice recording.