How To Actually Stay TCPA Compliant: A Guide for Nonprofits Using Texting

Texting has become a powerful tool for nonprofits to directly engage with their supporters, raise funds, and amplify their missions. To leverage texting effectively and legally, nonprofits must adhere to the Telephone Consumer Protection Act (TCPA) regulations. 

 

While nonprofits may have some flexibility under the TCPA, it’s crucial to understand the nuances to avoid issues or legal ramifications. This blog post will explain what TCPA compliance is, how it works, and how nonprofits can ensure they are using texting correctly. Tatango is an opt-in sender and we require that organizations comply to send on our platform.

 

What is TCPA Compliance?

The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 to protect consumers from unwanted and intrusive telemarketing calls, texts, and other communication methods such as faxes. The TCPA sets strict guidelines on how organizations, including nonprofits, can communicate with individuals via phone and text messages. Noncompliance with TCPA regulations can result in significant fines and legal issues, making it crucial for nonprofits to understand and adhere to these regulations.

 

Key Provisions of the TCPA

The TCPA governs telecommunications with these primary provisions:

1. Prior Express Consent: Before sending any text messages, nonprofits must obtain prior express consent from recipients. The TCPA generally mandates prior express written consent for telemarketing-oriented prerecorded messages to phone numbers, including residential, mobile, and VoIP services. These calls must identify the organization at the beginning, provide a contact number, and offer an automated opt-out mechanism. However, tax-exempt nonprofits are partially exempt: they do not need express written consent for prerecorded telemarketing calls to residential lines, and for mobile or charge-incurring services (like VoIP), only express consent is needed.
2. Opt-Out Mechanism: Text messages must include a clear and easy way for recipients to opt out of future communications. Many compliant organizations use “STOP” or “STOP2END” 
3. Identification: Text messages must clearly identify the sender and provide contact information. Sender identification can be done either within the message content or through an automated contact card after opt-in.  This ensures transparency and builds trust with recipients.
4. Time Restrictions: While not explicitly stated in the TCPA, it’s good practice to send text messages during reasonable hours in the recipient’s time zone to avoid being disruptive.

 

How TCPA Compliance Works

To comply with the TCPA, nonprofits must implement several best practices in their texting campaigns:

1. Obtain Clear Consent: Ensure that your nonprofit has a robust process for obtaining and recording consent from individuals who wish to receive text messages. This can be done through online forms, text-to-join campaigns with a shortcode, or other written agreements.
2. Use Double Opt-In: Though not a strict TCPA regulation, implementing a double opt-in process is a best practice that adds an extra layer of protection. After individuals sign up, send a confirmation message requiring them to reply with a keyword to confirm their subscription.
3. Provide Opt-Out Instructions: Every message should include instructions on how to opt out, such as replying with “STOP” to unsubscribe. Ensure that opt-out requests are processed immediately.
4. Maintain Records: Keep detailed records of all consents, opt-in confirmations, and opt-out requests. This documentation can be crucial in case of legal disputes.
5. Regular Compliance Audits: Conduct regular audits of your texting practices to ensure ongoing compliance with TCPA regulations. This includes reviewing message content, consent records, and opt-out processes.

 

How Nonprofits Can Use Texting Within TCPA Guidelines

Nonprofits can leverage texting in a variety of ways while staying compliant with TCPA regulations:

1. Fundraising Campaigns: Send text messages to supporters with donation requests, including a direct link to donate online.
2. Event Notifications: Keep your community informed about upcoming events, volunteer opportunities, and important updates.
3. Impact Stories: Share success stories and testimonials from beneficiaries to inspire and motivate your supporters.
4. Reminders and Alerts: Send reminders for events, meetings, and important deadlines to ensure maximum participation.
5. Surveys and Feedback: Engage your audience by sending surveys and requesting feedback to improve your programs and services.

 

Important Note for Nonprofits

Nonprofits may have more flexibility than for-profit businesses regarding consent when sending an informational text.  This can include sending to groups where you have previously engaged for similar purposes. However, it’s crucial to consult with legal counsel to fully understand the specific exemptions and to ensure your practices are compliant.

 

Conclusion

 

Texting can be a powerful tool for nonprofits to connect with their supporters, but it must be used responsibly and legally. Nonprofits need to be compliant with their telecommunications. It is key for mission-minded organizations to work with a partner that understands the nuances of TCPA regulations. 

 

By understanding and adhering to TCPA regulations, nonprofits can protect themselves from legal risks while building trust and engagement with their audiences. Implement these best practices to ensure your texting campaigns are compliant, effective, and appreciated by your supporters. 

 

Contact the team at Tatango today to learn more about nonprofit texting.