In today's world of instant communication, business texting is a game-changer for customer engagement. But if your company relies on text messaging to connect with customers, there’s one critical rule you can’t ignore: express written consent. Failing to comply with consent regulations can lead to hefty fines, legal trouble, and damage to your brand’s reputation.
What Is Express Written Consent?
Express written consent is a required agreement from a consumer that allows a business to send them specific types of messages—particularly marketing and promotional texts. Under the Telephone Consumer Protection Act (TCPA) in the U.S., businesses must obtain this consent before sending any automated or marketing text messages.
For Canadian businesses, the Canada Anti-Spam Legislation (CASL) enforces similar requirements, requiring clear and documented permission before sending commercial electronic messages (CEMs).
Why Is Express Written Consent Important?
Compliance with express written consent laws isn’t just about avoiding fines—it’s about maintaining trust with customers. Here’s why it matters:
- Legal Protection: Businesses that obtain consent reduce their risk of facing lawsuits or fines from the FCC or CRTC.
- Better Customer Relationships: Customers who have opted in are more likely to engage with your messages.
- Higher Deliverability Rates: Carriers and compliance platforms are more likely to approve and send messages when consent is documented.
- Avoiding Costly Penalties: TCPA violations can result in fines of up to $1,500 per non-compliant message. CASL penalties can reach up to $10 million per violation.
But beyond avoiding TCPA compliance issues, unnecessary lawsuits, and angry customers, getting express written consent can also be used to your advantage. It allows you to focus on only those who are genuinely interested in your business offerings. So, in the end, you get an excellent ROI for your marketing campaigns.
How Does Express Written Consent Impact Business Texting?
If your company uses business texting software, ensuring compliance with express written consent laws should be a top priority.
- Consent Must Be Documented – Businesses must maintain proof of consent, such as digital forms, SMS opt-ins, or recorded agreements.
- Opt-In Must Be Clear and Explicit – Customers must knowingly agree to receive messages; pre-checked boxes or implied consent won’t suffice.
- Opt-Out Options Are Required – Businesses must allow customers to opt out at any time by texting “STOP” or a similar keyword.
What Happens If You Don’t Get Consent?
Ignoring express written consent rules can lead to serious consequences, including:
- Legal Actions & Class-Action Lawsuits – Companies like Uber and AT&T have faced multimillion-dollar settlements over TCPA violations.
- Regulatory Fines – The FCC and CRTC actively enforce these regulations, issuing steep penalties to non-compliant businesses.
- Loss of Customer Trust – Consumers who receive unwanted texts are more likely to report your business as spam, affecting your brand reputation.
How to Ensure Compliance (Without Sacrificing Engagement)
At Statflo, we help businesses navigate these regulations with our compliance-friendly business texting software. Our platform meets TCPA, CASL, and SOC II standards. It has built in compliance features to ensure regulatory and brand compliance, while still allowing personalized customer engagement.
Want to learn more about compliant business texting? Read our compliance whitepaper for insights and best practices.
Final Thoughts
Business texting is an incredible tool for customer engagement, but compliance is non-negotiable. By obtaining and documenting express written consent, your business can avoid legal risks while building stronger, trust-based relationships with your customers.
If you’re looking for a solution that makes compliance easy, Statflo has you covered. Talk to us today to see how our platform can help!
