A Brief Guide on TCPA Lawsuit for SMS Advertising

TCPA Lawsuit for SMS Advertising

Customers get offended when they receive an unsolicited call or text. They neither welcome the incoming notification nor read it. The purpose of the text or call, whatever that may be, gets wasted. The sending company endures a waste of time and money. Why not do it the proper way? If a company asks a customer’s permission before making a call or sending a text would greatly help. Both parties can be in the green zone if the consent is shared. Customers got disturbed greatly by such acts, and therefore, a lawsuit has been put in the front. Texting and calling companies now have to ask the permission of the customer before texting or calling. Read this article to know more about the term TCPA.

What is a TCPA lawsuit?

The term TCPA stands for telephone consumer protection act. It is a legal lawsuit made to avoid customer’s annoyance caused by unsolicited promotional calls and messages. The marketing company needs to follow some points underlined in the law to comply with this lawsuit. Generally, the companies lack information about such legalities. They blindly run a marketing campaign that causes them serious damage. The services of an experienced advertising company are mandatory since they know all the rules and regulations.

Why is it Important?

TCPA compliance is very important for advertising companies since it has got some penalties. Running a campaign without knowing the key obligations can cause the company some charges. Companies need to be extra careful while sending promotional messages since the receiver can sue them. Upon the violation of TCPA rules, the authoritative bodies like FCC can make charges against the company. If you are about to launch an SMS marketing campaign in UAE, you better learn all the legalities.

Key obligations of TCPA:

The telephone consumer protection act has several legal points that the companies must consider before the campaign. Knowing these terms is crucial since it can protect the company from charges and damages. To consider an SMS marketing campaign safe, it must comply with the following points:

  • Ask customer’s permission: Asking the customer’s permission before making a call or sending a text message is mandatory. It is stated in the lawsuit that the telemarketer should ask the permission of the receiver. If the receiver denies the offer, the sender should not proceed with the campaign. Should the customer give a green signal, the marketing process begins. Companies need to adopt a precautionary approach since it is the first step to grab the customer. Why not make more customers by using soft and nice words?
  • Source of contact details: The caller or sender should disclose the source of contact details. “From where did you get my contact details?” is the first question many customers will ask you. You need to tell them about the source of details. You can also tell them about the time, effort, and money you spent to get these details. This way, the customer may feel valued and appreciated. Once the customer is satisfied, selling your products or services is easy.
  • Future consent: The calling or texting company needs to ask the customer his future consent. Would you like to consider our offer in the future? The customer may not be feeling well enough to listen to your offer at the call or text time. Ask them if they would entertain your next approach. These are tactics to grab the customer’s attention. These tactics and many other more are well-known to experienced SMS advertising UAE based companies. All you need to do is hire their services; the rest will be taken care of. 
  • Written consent: Telemarketers need to obtain the written consent of the customers, as per the lawsuit. Having the customer’s written consent before making a call or sending a message makes the marketing easy. If the customer is willing to buy your product, all you need to tell them in the message is the product details. A willing-to-buy customer means the deal is ready to be closed.

Offenses and their penalties in UAE:

Upon neglecting the key obligations, companies are exposed to legal penalties and charges. The charges are made against the company by the legal authorities. Following are some of the penalties and their charges.

  • Disclosure of personal information: If the company, intentionally or unintentionally, leaks the credentials of a customer, there are charges to pay. The punishment is imprisonment for six months and a fine of AED 20,000/-.
  • Unlawful access: If the company illegally accesses anyone’s contact details, the charges are imprisonment and a fine of AED 100,000/.

Why need a professional company in UAE to comply with these rules?

SMS marketing companies need to comply with these obligations. The businesses generally don’t know such terms, and they run a project unsafely. To make a marketing campaign safe and legally compliant, businesses need to hire a professional SMS advertising company in UAE such as https://i-iba.com. With their expertise, businesses can be legally compliant and run successful projects.