Just like mobile phone technology, the rules and regulations for text messaging are constantly evolving.
Recently, the U.S. Court of Appeals for the D.C. Circuit struck down the Federal Communications Commission's (FCC) 2015 guidance on text messaging compliance, creating a murkier regulatory environment for businesses subject to the Telephone Consumer Protection Act (TCPA). Given the latest development, agents must remain diligent in regularly obtaining opt-in consent for sending texts to clients.
To help you meet the requirements of the TCPA, the Agents Council for Technology (ACT), in conjunction with the Big “I" Office of the General Counsel, has updated its guidance, sample text messaging opt-in form and sample terms and conditions.
Of note, the opt-in form, which is included as Exhibit A, has been revised to a one-page, fillable PDF for ease of use. Sample text messaging terms and conditions are included as Exhibit B and designed to be easily posted to an agency's website.
To access the sample resources, log in with your Big “I" credentials. Direct questions to Ron Berg, Scott Kneeland or Eric Lipton.