Posted by Chris Alarie on Fri, 04/16/2021 - 15:23
On April 7, Contact Center Compliance hosted the second session in our ongoing Masterclass series. This session focused on consent and text message marketing, with a notable influence from the recent, significant Supreme Court ruling in Facebook v. Duguid. The expert panel of Eric J. Troutman from TCPAWorld, Puja Amin from LoanDepot, and AC Evans from Drips covered these topics with an especially thorough, high-caliber discussion.
The panel discussed the difference in consent requirements for informational texts compared to marketing texts—including examining some of the dangerous gray areas such as dual purpose and “pretext” messages. This involved two decision charts—one for informational texts and one for marketing texts—showing the various considerations that must be considered when determining what sort of consent is necessary. They also examined the dangers of inbound inquiries from consumers and how such calls can lay unexpected traps for marketers.
The Supreme Court ruling in Facebook v. Duguid a week earlier also necessarily influenced the conversation. The panel discussed the consequences of SCOTUS’s adoption of the narrow interpretation of the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system” (ATDS)—explaining what the decision changes with regards to consent for texting and what remains the same. This included a chart examining the level of danger for most kinds of modern dialing technology.
The panel also went through some best practices for texting campaigns, including Puja’s “DO’s and DON’Ts”. Throughout the Masterclass, the panel drew on important case studies and other illustrative examples drawn from their extensive subject matter expertise.
This series is developing into an exciting, intensive way to cover the complex, confusing world of TCPA compliance. We look forward to the next episode. In the meantime, you can view the recording and download the slides from the most recent session here.