How many penalties would it take to kill your business? What you don’t know can really hurt you!

Everyone texts and why not? It probably is not news that 90% of text messages get opened in minutes. Compare that with only 20% of emails that get opened at all! Businesses large and small use text messaging to communicate with customers to let them know about specials, upcoming appointments, and other important things. But what if a single text message cost your business $500? Worse yet, what if it cost $1,500?

Without a TCPA Compliant business texting platform, your business could be at serious risk!

No kidding. If your business uses personal phones to text message customers, you are at risk. You can be sued for $500 per message or even $1,500 per message if proven you did it knowingly without consent. So here’s the big question:

How many penalties would it take to hurt (or even cripple) your business?

But businesses text all the time, right? And people speed all the time and take the risk. There’s a big difference though. What if the penalty for speeding was not one ticket, but one for every time you were speeding on that road?

It’s kind of like that. The Telephone Consumer Protection Act (TCPA) regulates telemarketing calls, autodialed calls, prerecorded calls, text messages and unsolicited faxes.

Section b.3.B of the Telephone Consumer Protection Act 47 U.S.C. § 227 states that a person or entity may bring suite for each violation!

It’s not complicated to stay TCPA compliant, but you must be consistent and prove that you are compliant. The simple checklist is:

• Only text customers who’ve opted-in, or make an initial reach-out for the opt-in.

• Prove that customers opted-in to receive information about their account and/or marketing.

• Have a clear way for customers to opt-out

• Do not continue to send text message after they opt-out (even accidentally!)

And the big CYA: Keep the proof and all communications for at least 5 years (preferably 10).

Do businesses really get in trouble for texting?

• Tampa Bay Lightning (NHL): $2.3 million fine

• J.P. Morgan: $200 million fine (just last December!)

• Outfield Brew House: Extensive legal litigation all the way to the Supreme Court

Texting is, hands down, one of the most effective ways to bring in more business and keep customers up to date. It just has to be done right.

Textmaxx Pro provides a fully TCPA compliant solution to not only keep you safe, but use the incredible power of keyword to short code texting but build your business!

Imagine having customers who both want to hear about specials but also actually receive your messages!  80% of email gets dumped into spam or never opened. 93% of text messages are opened in minutes!

For more information, text “PRO” to 95000.

Call/Text us at 866-367-6889.

To schedule time to speak with one of our texting experts, please click here.