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#2255994 - 06/25/21 07:39 PM Text Messages under TCPA
Anonymous
Unregistered

We are looking at rolling out a service that would allow us to communicate with our customers via text when dealing with loans or other service related issues. We are discussing how to track the opt-out portion of the TCPA requirements.

I have read several things that indicate that for marketing purposes, we should keep all opt-in/out records for 4 years. However, we would not be marketing to our customers-- this would purely be service related.

How long do others keep their records?

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#2265191 - 01/25/22 09:12 PM Re: Text Messages under TCPA Anonymous
Mel in WA Offline
Diamond Poster
Joined: Mar 2013
Posts: 1,265
I have a similar question....My bank is planning to send text messages (via a third party provider) for account/service related issues. Since these are not marketing messages, do we need to provide an opt-in prior to sending a message? Or, only an opt-out after the first message is sent?

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#2265234 - 01/26/22 03:58 PM Re: Text Messages under TCPA Anonymous
Mel in WA Offline
Diamond Poster
Joined: Mar 2013
Posts: 1,265
Bump

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#2277311 - 10/28/22 05:04 PM Re: Text Messages under TCPA Anonymous
Mel in WA Offline
Diamond Poster
Joined: Mar 2013
Posts: 1,265
Well, this is coming around again.... does anyone know the answer to my question back in January? Since these are not "marketing" texts, does TCPA apply?

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#2277353 - 10/31/22 02:43 PM Re: Text Messages under TCPA Anonymous
Inspector Offline
Gold Star
Joined: Apr 2016
Posts: 283
If these are automated messages than I think the TCPA would apply regardless of whether they involve marketing.

(a) No person or entity may:

(1) Except as provided in paragraph (a)(2) of this section, initiate any telephone call (other than a call made for emergency purposes or is made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice;

(i) To any emergency telephone line, including any 911 line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;

(ii) To the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or

(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.

(iv) A person will not be liable for violating the prohibition in paragraph (a)(1)(iii) of this section when the call is placed to a wireless number that has been ported from wireline service and such call is a voice call; not knowingly made to a wireless number; and made within 15 days of the porting of the number from wireline to wireless service, provided the number is not already on the national do-not-call registry or caller's company-specific do-not-call list. A person will not be liable for violating the prohibition in paragraph (a)(1)(iii) of this section when making calls exempted by paragraph (a)(9) of this section.
_________________________
Opinions expressed are my own and do not reflect legal advice or the opinions of my employer.

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