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What are Telephone Consumer Protection Act rules for texting?

Texting used to be used as an informal way for friends or family members to communicate with one another without having to get on the phone. It's increasingly being used by Vadnais Heights businesses including doctor's offices, banks, and retail stores to relay important messages, however. These entities have been forced to brush up on the Telephone Consumer Protection Act (TCPA) to make sure that they lawfully communicate with their Minnesota customers.

According to the Federal Communications Commission, the TCPA protects consumers equally whether they receive calls or texts.

For a business entity to reach out to a consumer via text, they must first procure their consent to do so. Under the TCPA, a company must request for a consumer to provide written consent to lawfully contact them via text.

The passing of the E-SIGN Act made it possible for this written opt-in to be made via some type of electronic signature. Individuals can now provide consent to receive text messages simply by filling out a web form or by responding to an email, voice or text opt-in request.

To remain in compliance with TCPA, all businesses are required to maintain communication preferences messages. This includes any details related to text message application opt-ins.

It's also a requirement for business entities to make it possible for consumers to withdraw their consent for text messages at any point. Directions for opting-out of such communication should be clear and easy to follow.

The TCPA only allows for companies to attempt to communicate with their clients during certain hours too. These messages may only be sent out during the hours of 8 a.m. and 9 p.m. in your customer's time zone.

Laws such as the TCPA were passed as a way to protect a consumer's right to privacy. It allows them to select how they want to be communicated with and establishes guidelines for when such correspondence can occur. It also allows them to change their mind on down the road.

If a company has breached your privacy, then a Telephone Consumer Protection Act attorney may suggest that you file suit against the responsible party who did so.

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