Understanding Prior Express Consent

Understanding Prior Express Consent

“Prior express consent” is a term that you hear about all the time. The TCPA came up with this term to help regulate text message marketing. This guide will tell you all about how this term came about and how it is relevant if you are using text message marketing.

When you sign up for a service, you usually have a comprehensive set of terms and conditions. However, most people check it without reading it. In text message marketing, you cannot bury any information in a detailed set of rules. You have to be transparent and the receiver of the messages needs to be fully informed before sending out these messages. The monitoring is very strict. Hence, it is imperative to know everything about it. If you want to learn about text marketing laws, you can click on the image below.

Prior express consent definition

The telephone consumer protection act uses the term ‘prior express consent in its regulations. This term means something beyond regular consent. The consent taken from the receiver of the messages should have some form of documentation. Therefore, it can be electronic or even on paper. This permission is to receive text marketing messages from a text messaging service provider like ExpertTexting. However, the brand is responsible for attaining this consent, not the service.

Prior express consent is not like your regular terms and conditions. It should be clear, precise, and transparent. It is not something that a person can overlook and sign. This is explicit consent and does not count as a condition to be a part of a service. It is permission to receive messages of a business.

To receive this permission, the contracting party should have clear conditions which include the frequency of messages, nature of messages, and the option of opting out of receiving the messages anytime the receiver wants.

To receive this consent, you do not necessarily have to run after your customer with a form to sign. The FCC defines this consent as ‘documentable’ in any form. This includes an electronic agreement, a form on websites, or even subscribing by sending a keyword.

No matter how you choose to take consent, the main point is to have proof of that consent. Expressed consent means that the receiver cannot suggest consent nor can the sender presume the consent in any form. Even if a person gives you their number by will, you cannot start sending them messages unless they have permitted you.

Prior express consent is not a one-time thing that you do and forget. It is important to keep them safe with you in your records. In case of a violation or a dispute, it is your duty as the sender to provide proof of consent.

While it all sounds overwhelming, it is not! You just need to be very mindful of this particular aspect of text marketing. Click on the image below to read on how to build your audience and get people to opt-in to receive your messages.

Why is prior express consent important?

You may think that prior express consent is just something you have to do. However, it is more important than it seems. Businesses who take shortcuts go about facing consequences as serious as lawsuits. Building your audience may take time and some effort. However, it is worth it. Here we will tell you how can this clause help your case as a business marketer.

Filter out audience

Text message marketing gives one of the fastest ROI. The reason is that it does not rely on long retention plans like traditional methods of advertising. You simply send a message and the receiver decides if they are interested and take an action. However, this is only possible when you can filter out your audience. When you seek prior consent, you reach out to the audience already interested in your business. Even their remote interest in your brand can get you permission. Once you have them as a lead, it becomes easy to convert them into revenue.

Save money

Since you have a filtered-out audience, you can save a lot of money. However, this is probably only possible with a service like ExpertTexting. ExpertTexting has a pay-as-you-go plan. This means that you only pay for the credits that are used to send out messages. In contrast, a lot of services have annual and monthly plans. This means that your money goes down the drain if you do not use them. Moreover, if they finish, you will have to buy more of them.

With ExpertTexting, you can send messages to the target audience and leads. Moreover, you only pay for the messages that go out. Hence, you save money and get almost prompt ROI.

Track your marketing strategies

Getting an audience that is inclined to your business helps in your marketing strategies as well. Once you send out your messages to the high intent audience, you can begin tracking your strategy. An efficient service like ExpertTexting helps you manage your KPI. You can check how many people chose to opt-out of your messages. Moreover, if you add a short link with ExpertTexting, you can measure the click-through rate and see how your customer responds to it.

Role of HIPAA in this

When it comes to the Health Insurance Portability and accountability act, it is entirely different. Under this act, no PHI – personal health information – can ever be sent out through text messages. Even if the patient gives prior consent. We have a comprehensive guide to the HIPAA rules and compliance. You can click on the image below to read more about it.

The role of ExpertTexting

ExpertTexting is a mass texting service that helps you send out messages. You can use it for promotions, alerts, updates, and more! However, we are not responsible for collecting consent from your audience. We have features like QR codes, keywords, and even website widgets to make it easier for you.

Our terms and conditions are clear as day as we monitor the messaging strictly. We do not invite any illegality here at ExpertTexting. This is so that you and your customers can have a healthy approach to mass texting!