Be Aware: New Texting Regulations Are Now In Effect

[autodealerchat]

Do your salespeople text customers? Here's what you should know...According to the latest Telephone Communications Protection Act (TCPA) rules:

• As of January 14, 2013 - Messages (phone calls and texts) must include the ability to immediately opt out.
• As of October 16, 2013 - You must get unambiguous written consent before sending telemarketing calls or text messages via automatic telephone dialing systems (ATDS). Established business relationships with consumers no longer relieve you of that written consent requirement.

The latest research states that text is now a central consumer communication tool: 97% of SMS text messages are opened and read within 3 minutes (vs. 22% of emails).

Note: The TCPA is aimed at restricting telemarketers, but in the broadest sense, business-to-consumer texts may also fall under that law.* It’s best to err on the side of caution, so its best to consult with an attorney to make sure your specific practices are inline with the law.

No matter what kind of texting your dealership does:

• One-to-one texting between salespeople & customers - Customers like the convenience of texting questions and getting answers. To be safe you still need to know: who’s being texted (did they give proper written consent?), what’s being said (are opt-out options included?), etc. And if employees use personal phones to do this texting on their own, you can’t ensure that compliance. That’s why it’s smart to set policies and use a system to manage texting.

• One-to-one texting between salespeople & customers (with a vendor’s help) - Your team still has those text conversations with customers, but a vendor helps you stay TCPA compliant and in control. For example, some vendors can integrate text leads into your CRM, help you keep records of the written consent, automate required opt-out procedures, and track transcripts.

• SMS ShortCode programs - Used to blast mass marketing messages (like specials or coupons) to a long list of numbers, these text programs are the most heavily regulated. Your text marketing vendor might have already done the heavy lifting for compliance, but check in with them and your attorney for additional steps you need to take.

4 TIPS TO REMAIN IN COMPLIANCE
Almost everything about these regulations comes down to getting consent from consumers and honoring their expectations—a rather smart approach anyway. While we can’t cover every detail regarding compliance, here are some tips*:

1. Implement a process to gain customers’ express written consent to text - This regulation is for text marketing, but apply it to all your texting as a best practice. Add the consent request wherever you capture lead information, and be as clear as possible about what they’ll get. Then keep a record of that consent...just in case.
2. Add the “msg & data rates may apply” disclaimer - Even your dealership’s one-to-one texting should do this on consumer-facing calls to action. You want to ensure customers know what to expect even if they text you a question.
3. Include clear opt-out instructions - It’s simple, but easy to forget to do. For example, even if a customer texts you a question, send an initial confirmation text back that offers them that opt-out ability.
4. Honor the opt-outs - Make sure your provider has a process in place to block the unsubscribed numbers from your database.

Don’t let these ever-changing TCPA regulations make you think texting just isn’t worth it. Texts bypass clutter and get read—Adtruth says that people check their smartphones 150 times a day. Taking a few extra steps to stay compliant can keep you connected to that responsive audience.

Need help managing your dealership’s one-to-one texting to stay compliant with all the latest regulations and best practices? Give me a shout or direct message me here on the forums and I'll help out in any way I can.

*Please note: The above is not intended to provide legal advice. Please consult your attorney for legal advice that pertains to your dealership.