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TAKE POLL Texting with customers often?

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#32
Jeff Kershner said:
Many of us question what is an actual, legal Opt-In? And lets be careful - the laws in Canada im sure differ from the laws here in the states.
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The laws in Canada are extremely strict on this. We have to have a signed document for all email communication (we're in the grey area now, officially comes into effect in approximately 2 years), SMS, etc - anything that is a promotion or has pricing in it. We can do service updates or answer questions, but as soon as it's a promotion we must have that piece of paper signed, archived and digitally archived.

That said, even they claim they accept verbal consent.
http://fightspam.gc.ca/eic/site/030.nsf/eng/00304.html#q2
 
#33
Last minute but I knew this was happening today but needed to find it. Thanks Patrick.

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#34
Section D1-01 of the CTIA Compliance Assurance Solution Mobile Commerce Compliance Handbook states:

“Handset possession is implicitly confirmed when user opts in from a mobile handset: all other opt-ins for recurring services must include an additional step to confirm handset possession. Service providers may satisfy this requirement by sending an abbreviated op-in MT message soliciting an MO response from the user. This message must include enough information to identify the program.”

A consumer verbally telling you their phone number or entering their phone number on a form does not confirm that the phone number is actually theirs, therefore the need to get an opt-in on the first attempt to text them. There are also other requirements for the language in the first attempt. If the consumer initiates the text from their phone than ownership is implicitly confirmed. Even in this case best practices recommendations are to gather permission on the first text response. The links below give some further insights.

http://wmcglobal.com/media/ctia-mobile-commerce-compliance-handbook-v-1-3.pdf
http://www.ctia.org/docs/default-source/default-document-library/industry-best-practices.pdf?sfvrsn=0
 
#35
Scott Pechstein said:
Section D1-01 of the CTIA Compliance Assurance Solution Mobile Commerce Compliance Handbook states:

“Handset possession is implicitly confirmed when user opts in from a mobile handset: all other opt-ins for recurring services must include an additional step to confirm handset possession. Service providers may satisfy this requirement by sending an abbreviated op-in MT message soliciting an MO response from the user. This message must include enough information to identify the program.”

A consumer verbally telling you their phone number or entering their phone number on a form does not confirm that the phone number is actually theirs, therefore the need to get an opt-in on the first attempt to text them. There are also other requirements for the language in the first attempt. If the consumer initiates the text from their phone than ownership is implicitly confirmed. Even in this case best practices recommendations are to gather permission on the first text response. The links below give some further insights.

http://wmcglobal.com/media/ctia-mobile-commerce-compliance-handbook-v-1-3.pdf
http://www.ctia.org/docs/default-source/default-document-library/industry-best-practices.pdf?sfvrsn=0
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Thank you again. I know you are not trying to beat this thing to death, but I asked, and I appreciate it.

Clint
 
#36
A few questions for the group to consider:
  • Do you know the level of risk for compliance issues for each lead that you buy/sell?
  • Is it enough to trust that your data partners tell you that they got consent and showed the disclosure you and your clients expect?
  • What evidence could you summon if a consumer complaint is filed and you need to show proof of consent?
 
#37
We use the texting tool from Contact at Once. It provides both the proper opt-in message from the customer as well as provides them with an opt-out option. At the conclusions of each conversation, CAO then sends a text transcript just like a chat transcript which is great for integrating with the CRM and documenting the exchange. It also keeps personal phone#'s out of the equation - even though they can be answered from a mobile device.
 
#39
blackpool5 said:
I'm looking at Dealer socket as my CRM and they claim that by the opt in/Opt out they provide through initial contact that legal obligations are covered, comments please!
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I disagree. I think it needs to be taken a step further. I would want either the customer to text me first or my first message to that customer should be "This is Emily Moore from Fitzgerald Auto Mall in Chambersburg, may I communicate with you via text?" And get a deliberate answer on whether or not you can proceed. Also, unless there is an actual process for a customer to opt-out from their texting device, then I would be cautious. They need to be able to text "stop", "cancel", or similar and have either the texting app or CRM automatically disable further contact. There are plenty of people out there looking for a reason to sue (and plenty of lawsuits to prove it).
 
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