TCPA_SMS_OPTIN_001

rules/regulations/us/tcpa_sms_optin.yaml

Citation

47 U.S.C. §227(b)(1): It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States- (A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice- ... (iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call, unless such call is made solely to collect a debt owed to or guaranteed by the United States; 47 CFR §64.1200(a): No person or entity may: ... (2) Initiate, or cause to be initiated, any telephone call that includes or introduces an advertisement or constitutes telemarketing, using an automatic telephone dialing system or an artificial or prerecorded voice, to any of the lines or telephone numbers described in paragraphs (a)(1)(i) through (iii) of this section, other than a call made with the prior express written consent of the called party ...

Condition

Requires prior express written consent before sending marketing SMS or text messages to consumers using an automatic telephone dialling system or prerecorded voice. Telephone Consumer Protection Act, 47 U.S.C. §227.

Layer 1 detects

send, sending, transmit, blast, broadcast, deliver or push (and words that begin with them), then optionally bulk, mass or unsolicited, then marketing, promotional, advertising or advert, then SMS, text message, text messages, text, texts or MMS as whole words, or the same verbs with the channel before the kind (SMS marketing), in both cases unless the word after them is with, after, following, based on, or to opt-in, consent, consenting, consented or subscribed; unsolicited, unwanted or spam SMS, text message, text, texts or MMS; mass or bulk SMS, text or texting without or lacking consent or opt-in; auto-dial, robocall, robo-text or ATDS (and words that begin with them), then without or lacking, then consent, opt-in or permission; ignore, disregard, bypass or override (and words that begin with them), then SMS or text, then opt-out, unsubscribe or stop request; and no or without, then consent (optionally preceded by prior, express and written, in that order), then for or to send, then SMS or text (optionally preceded by marketing). The words follow each other with nothing in between. Opt-in and opt-out may be written with a hyphen, a dash, a space or nothing. It matches wording, not meaning: it does not check the autodialer or prerecorded-voice element, it fires on a consented send whose wording falls outside those exceptions ("Send marketing texts only to the subscribers who checked the SMS consent box at checkout."), and it misses the practice told in other words ("Blast the Black Friday promo by SMS to every phone number in the 2019 lead list we bought; nobody opted in."). Whether a message is sent without the required consent is judged in Layer 2.

Condition type

regex; metadata, semantic condition in the file, not run by the engine

Status in the file

approved