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Staying TCPA & CTIA Compliant

Staying TCPA & CTIA Compliant

Renata Liubertaitė

If you want to send text messages to customers in US & Canada, you must comply with TCPA ("Telephone Consumer Protection Act") and CTIA ("Cellular Telecommunications Industry Association") regulations. This in terms means that consumer consent is an essential defense under the TCPA and should be a primary focus of any business that communicates with consumers and customers directly via telephony. We have put a simple step-by-step guide for you to use in order to become as compliant as you can.

First, update your marketing sign-up option so that it is shown at checkout. Go to Settings > Checkout and scroll down to the Email Marketing section. Make sure Show a sign-up option at checkout is checked and Preselect the sign-up option is not checked.

Afterwards, don't forget to save changes by clicking Save button at the top right.

Next up is updating your marketing sign-up language so that it would inform users that you intend to send them text messages. In order to do this, go to Settings > Checkout and scroll down to the Checkout language section.  Press the Manage checkout language button.

Scroll down until you find the Checkout Marketing section.  In the field called Accept marketing checkbox label, paste the following:

I consent to receive exclusive offers and news via text messages. Additional Msg and data rates may apply.

Save changes by clicking the Save button at the top right.

Lastly, you will need to set up a field to collect the customer’s phone number. In order to do this, go to Settings > Checkout and find the Form options section. Change the Shipping address phone number to Optional. Then, save the changes by clicking the Save button at the top of that page.

Enabling phone fields and changing placeholders

First, go to Settings > Checkout and scroll down to Checkout language and click on Manage checkout language. Scroll down until you'll see two fields called Phone label and Optional phone label. They should be just under State and territory placeholder.

Under these two labels just add:

Phone - updates and exclusive offers

Save changes by clicking the Save button at the top right.

Updating your privacy policies

First up, go to Settings > Legal and scroll down to Privacy policy. If you don’t have your own privacy policy, you can click the Create From Template button to have a pretty decent sample.

Secondly, add/copy this text to your privacy policy:

Text Marketing and notifications:

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, but not limited to, abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed [INSERT A NUMBER] per month. You acknowledge that consent is not a condition for any purchase.*

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.*

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

It should look like this:

Save changes by clicking the Save button at the top right.

This is the final step in your full compliance journey. Go to Online Store > Themes. Press on Actions drop-down choose Edit Languages and select Checkout & system tab.

Search for Checkout shop policies and under Privacy Policy paste the following text:

I consent to receive recurring automated marketing text messages through an automatic telephone dialing system. Consent is not a condition to purchase. STOP to cancel, HELP for help. Message and Data rates may apply. View Privacy Policy & ToS.

Save changes by clicking the Save button at the top right.

Disclaimer: Even though we've put all of these drafts with our lawyer, we encourage you to consult a legal advisor who is working with TCPA before using our legal texts.

You can find it all by watching this video:

Do you have more questions? You can contact us via email

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