Texting Registration and TCPA Compliance

In this article, we will discuss the current TCPA regulations and what you need to do to make sure your website is TCPA Compliant.

IMPORTANT NOTE: If you see the red banner disappear from your Intake Dashboard after you submit your business information, please contact your Lead Docket Implementation Specialist to get a texting number added for your system.

Note: The Telephone Consumer Protection Act 47 U.S.C. § 227 aims to eliminate spam calls and texts. This is mainly focused on outbound telephone communications.

When you first log into your Lead Docket account, you may notice a red box at the top of your Intake Dashboard. This is the information you need in order to be able to register your Lead Docket account for a texting number to text potential clients:

1. Add Consent Message to your Website

On your business website, you MUST have the following information added to EACH contact form on EVERY page on your website:

• A Checkbox (does NOT have to be a required field)
• Opt-In Language next to the checkbox stating:
  "By checking the box, you are expressly consenting to receive customer care SMS communication from FIRM NAME. Message and data rates may apply. Message frequency varies. To opt-out, reply STOP. For help, reply HELP.
  View our Privacy Policy {link to privacy policy} and Terms of Service {link to terms of service}."

This gives the end user the option to receive text messages from the firm. THIS INFORMATION NEEDS TO ALSO PASS INTO LEAD DOCKET THROUGH THE WEBSITE FORM INTEGRATION.

Here is an example of what should be on your website:

2. Add Privacy Policy to your Website

You will need to make sure you have a Privacy Policy link in the footer of your website.

A compliant Privacy Policy must state that no mobile information will be shared with third parties/affiliates for marketing/promotional purposes.

Information sharing to subcontractors in support services, such as customer service is permitted.

If the Privacy Policy does mention that information will be shared with third-parties, the following disclaimer must be added on the sharing of information section:

Example: "All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services."

You will need to make sure your Privacy Policy does not list that it will share information with any third party vendors.

3. Add Terms of Service to Website
Copy the following text to a specific "Terms of Service" page. Link to this in the footer of your website. Slight adjustments can be made but it must be present for registration to succeed.

Be sure to adjust the support email address and phone number to match your company and add a valid link to your privacy policy.

"FIRM NAME Messaging Terms of Service

1. Client Intake & Appointments. Text messages include scheduling an initial call, appointment reminders, intake follow-ups, and secure links for e-signing documents.

2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at {support email address or toll-free number}.

4. Carriers are not liable for delayed or undelivered messages

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies based on your inquiry and appointment schedule. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. If you have any questions regarding privacy, please read our privacy policy: {link to privacy policy}"                                             

________________________________________________________________________________________________________________

After steps 1 - 3 have been completed, you will then be able to go to your Intake Dashboard in Lead Docket to submit your information.

You will need to click on the Register Now button on the Intake Dashboard which will take you to a page that looks like this

Once you click on the checkbox, a popup box will appear to make sure you agree to verifying you have this information on your website

Once you have clicked OK, there will be a series of questions you will need to answer that are specific to the business.

Business Information

Note: Please be sure to use your actual business name. The registration will fail if you use an incorrect business name, such as a DBA or Trade Name of the company. The Legal Name of the business can not be abbreviated in any way. If you have any question of how this would need to be typed in, refer to your previous tax filing.