Our CEO, Brad McMullan, saw a tv commercial about unwanted text messages. It was a scenario that he's predicted MANY times for the last few years. The ad went something like this...
"Unwanted calls and text messages from businesses who don't have permission to your private information could entitle you to between $500 and $1500 for each and every unwanted call or text that you receive to your cell phone."
For as long as we can remember, we've watched attorney advertisements about car accidents, divorces, bankruptcy, etc. But today that changed. Now attorneys are pursuing victims of SPAM texts. Think of those SPAM e-mails you've received. Chances are you've never subscribed to that SPAM e-mail. I mean let's face it, our e-mail accounts are now set up to identify those SPAM e-mails - and there's even a folder for it. AND you don't even see it. While e-mails have to follow a set of rules and guidelines, the rules are tighter when it comes to unwanted text messages. Dozens of companies have already been sued for millions of dollars because they didn't follow the rules. The #1 rule that is broken... the person receiving the text message did not OPT-IN.
That's why our clients have their customers subscribe to the text alerts. That means customers are physically opting-in to the text alerts, info, deals, etc. By "physically opting-in" that means the customer opened up the text message app on their phone, typed in the phone number and keyword and then hit send. That means our bfac.com clients complied with the FCC guidelines. When the customer physically opts-in, the customer is giving the business permission to text them. bfac.com also has record of them opting-in. Simple math. If you send out a thousand messages (to customers who didn't physically opt-in) and are fined $500 for each message, you just cost your company $500,000! Here’s a look at a few companies and the lawsuits associated with sending text messages the wrong way:
Rolling Stones: $5 Million Lawsuit
Simon & Schuster: $10 Million Lawsuit
Timberland: $7 Million Lawsuit
Twentieth Century Fox: $16 Million Lawsuit
NOW LISTEN! Don't let this scare you away from business texting, just know what the rules are and comply. Example: We know it is against the law to drive on the wrong side of the road. If we do it, we can get a ticket or in an accident for that matter. But because some people may break the law or that there are rules in place, it doesn't scare us from driving. Texting, when done correctly, is vital to growing a business or organization. If you don't follow the rules when you make a TV spot, guess what, you will also get fined from the FCC. Doing things the "right way" should not scare people away from driving, putting ads on TV or business texting.
bfac.com is up-to-date with the latest rules and regulations. Have any questions? E-mail blog@bfac.com and we will do our best to help you and your business/organization do it the right way.
Happy Texting,
Heather Sophia EVP
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