TrueDialog provides a software platform for businesses, educational institutions and non-profits to deliver SMS messaging, voice calling and email messaging. Our customers initiate and send all messages and are responsible for maintaining compliance with all laws and regulations. The following are some links to help you understand and maintain compliance:
The TCPA (Telephone Consumer Protection Act) is a federal statute enacted in 1991 designed to safeguard consumer privacy. This legislation restricts telemarketing communications via voice calls, SMS texts, and fax.
Telephone Consumer Protection Act of 1991
The TCPA restricts telephone solicitations (i.e. telemarketing) and the use of automated phone equipment. The TCPA limits the use of pre-recorded voice messages, automatic dialing, and SMS text messaging and fax messaging. Without explicit customer consent, companies must adhere to strict solicitation rules, solicitors must honor the National Do Not Call Registry, and consumers may seek damages against a company that does not follow the TCPA guidelines.
The TCPA requires senders to obtain express written consent from the recipient prior to initiating SMS or voice messages via telephony. Consent may include electronic opt-ins via text opt-in or mobile keyword as well as online sign-up forms. Written consent may be also be obtained by paper sign-up forms explicitly describing SMS messaging content.
Nonsolicitation messages (e.g., internal communications, emergency alerts) require documented written or verbal consent.
- Solicitation messages may be sent only from 8:00 a.m. to 9:00 p.m., recipient’s time.
- Messaging programs must allow opt-outs by any reasonable means, and senders may not restrict opt-out methods.
- Every TCPA violation is subject to a fine of up to $1,500 per message sent per recipient.
For more information, please refer to the following resources:
TrueDialog has strict Terms of Service and also follows the best practice guidelines of the CTIA – an organization created by mobile carriers to regulate message content and frequency. The following types of content in messages are prohibited by our Terms of Service:
- Adult content
- Illegal or illicit drugs (e.g., marijuana)
- Alcohol, tobacco, or firearms
- Violence, hatred, or profanity
- Violate any copyright, trademark, patent or confidentiality agreement
- Messages that contain anything that could be construed as obscene, hateful, threatening, discriminatory, violent, libelous, defamatory, or immoral.
- Messages that contain any statement or material that TrueDialog informs the user that it deems objectionable.
- Messages that contain any links, malware or other application that could be harmful to another users computer or mobile device.
Additionally, TrueDialog’s customers must comply with:
For more information, please refer to the CTIA Short Code Handbook and Guidelines:
For more information on voice broadcast only, please refer to the National Do-Not Call Registry:
These compliance resources are presented for your information only and are not intended to be a substitue for legal advice.It is recommended that you consult with legal counsel regarding the relevant laws regarding your proposed use of TrueDialog’s software for your business, educational institution or non-profit.
We welcome any questions or comments at: firstname.lastname@example.org.