How to Minimize Legal Risk When Texting Customers

Share on facebook
Share on twitter
Share on linkedin
Share on email

Texting is a proven way to reach customers fast and effectively and has been a vital tool for businesses during the Covid-19 pandemic. But a business can’t simply start texting its customers without first getting consent. It’s important to understand how to text in a compliant way to avoid potential legal implications under the Telephone Consumer Protection Act (TCPA).

Last year, we had James Lapic, Zipwhip CTO and Steve Augustino, a partner at Kelley Drye with deep expertise in telecommunication law, join us in the Zipwhip webinar studio to talk about compliance best practices. It ended up being one of our most popular webinars ever, so we’ve decided to re-air it!

Join us for this 30-minute webinar rebroadcast to learn the ins and outs of TCPA and best practices for compliance.

You’ll learn

  • Opt-in requirements for various types of text messages
  • When and how to use STOP commands
  • The key differences for healthcare, auto, banking and more
  • Answers to common questions about compliance

Note: Guidance from experienced counsel is essential to ensure compliance.


Steve Augustino
Partner at Kelly Drye and Warren LLP
James Lapic
James Lapic
Chief Technology Officer at Zipwhip

Table of Contents:


Keith Hitchcock: Hello, and welcome to another Zipwhip webinar. I’m your host, Keith Hitchcock, digital content producer at Zipwhip, and this is How to Minimize Legal Risk When Texting Customers.

This Zipwhip webinar series is designed to help business professionals, like yourself and your team, with our customer communication strategies. We offer practical tips and tools, resources, high level thought to help you with your business goals.

This week we’re here to help you minimize your legal risk. I’ve called on two people to help me do that. So, let’s get to it. I want to introduce James Lapic. Come on in here James.

James Lapic: Hi Keith.

Keith Hitchcock: Hello and welcome. You’re going to be our cohost today, so–

James Lapic: Looking forward to it.

Keith Hitchcock: Here’s the audience. Tell us who you are and what you do at Zipwhip.

James Lapic: Yeah, my name is James Lapic, I’m the Chief Technology Officer here at Zipwhip. Been in the text messaging industry for quite a long time. I was doing the math this morning; it’s been over 15 years. So, I guess that makes me an expert now. I’ve been doing the calculation.

So, my role really is to define the technology direction and strategy for Zipwhip at a high level. I also work to apply that technology into the regulatory environment, so that’s why I’m here today. So hopefully we can help give everybody a little insight into some of the questions.

Keith Hitchcock: Okay. Awesome. Glad you’re here. You’re getting to know us, let’s get to know you a little bit. I’m going to launch a poll, and if you haven’t done this before, it’s a fun feature and go to webinar here.

Is your business texting today? We’d love to hear if you are a “yes” on that or a “not yet” texting folks. So, go ahead and take a moment to engage with that.

James Lapic: I’m glad that “no” is not an option.

Keith Hitchcock: No is not an option in this day and age, right. You got to be texting your customers.

James Lapic: Exactly.

Keith Hitchcock: Okay. Last chance. I’m going to close the poll and let’s take a look. So, okay, a lot of people are texting from their business today, 79% versus 21 folks who are not yet doing it. No, is not an option. Okay, that’s fun. Let’s do one more just to see. If you missed the first one you have a chance to chime in on this one. Get to know you a little bit more here.

Poll is, “What types of messages are you sending, or most interested in sending?” So, is it marketing to new customers? Is it marketing to existing customers? Informational? All of the above? Those are your only chances, only choices.

James Lapic: What do you think? Which one do you think is going to lead here?

Keith Hitchcock: Well, I’m already seeing the results here.

James Lapic: I’m going to hope it’s all of the above. I’m going to hope.

Keith Hitchcock: Okay, we’ll see. We will see. Couple more moments if you’re engaged with that. If you haven’t found your little cursor and the fill in the dot here. Let’s close that and look at the results. Ah ha! You were right, or your wish came true here. It is “all of the above.” People love texting. Most of these informational though, 38%, that’s an interesting figure.

Keith Hitchcock: So, cool. We have gotten to know you a little bit and I want to give you a little bit more of the agenda today. First of all, if you are not used to the GoTo webinar tool, it’s pretty simple. You have an audio interface window where you can adjust how you’re listening and the audio level, and there’s a great question window which is also the comment window, so feel free to drop a question or comment at any time you have it along the way.

We will have a dedicated live Q&A portion at the end. We’re going to leave a few minutes at the end for questions. So, what else can I tell you? There is this, the disclaimer, I need to read this:

Keith Hitchcock: “This presentation is for information purposes only. It should not be construed as or relied upon for legal advice or opinions. No action should be taken in reliance on this information contained to this presentation and Zipwhip disclaims all liability in respect to actions taken or not taken based on the contents of this presentation to the fullest extent permitted by law, any specific legal issues should be reviewed with your legal counsel.”

Keith Hitchcock: One other thing I should mention, we do have a survey at the end of the webinar and as a thank you for filling that out, we will send you a link to the video of this presentation, the recording of this, the slides, and a link to our special TCPA compliance e-book. With that James, I’m going to hand it over to you to get going.

James Lapic: Great. Thank you, Keith. Well, I’d like to introduce a cohost with me today, Steve Augustino. Steve, welcome.

Steve Augustino: Thank you.

James Lapic: Steve is a colleague and good friend of mine. We spend a lot of time on the subject, so I’m really happy you’re here and came out to Seattle to help us walk through some of this stuff. Steve, tell us more about yourself and what you do in your day to day role.

Steve Augustino: Happy to be in sunny Seattle today. So, I’m a partner in the communications practice group of Kelley Drye & Warren. We’re a law firm in Washington DC. We provide regulatory and policy advice for all types of individuals who are involved in the communications sphere.

You were talking about how long you’ve been doing texting, well I just was thinking back as we are doing this. I’ve been practicing law in the regulatory area in the communication space since 1991, which is when the TCPA was adopted. So, we’ve been involved in this for a long time. And we have a group that focuses on TCPA issues and so we cover it from the litigation side, the compliance of counseling side, and the advocacy side, so we’ve worked with a lot of this.

We’re happy to try to share some of our knowledge and maybe give you some tips and some ideas on what to think about as you’re doing this.

What is the TCPA?

James Lapic: Great Steve, well with that, let’s dive in a little. I know he keeps saying TCPA, maybe you can help us unpack a little. What is TCPA? And then the question to follow that up is why is it so hard and confusing?

Steve Augustino: Right, right, I certainly will do so. So, the TCPA is the Telephone Consumer Protection Act of 1991. It was an act designed to protect consumers against certain types of abusive practices. And at the time the main things that were really causing problems were unwanted faxes that were junk faxes tying up your fax machine-

James Lapic: When my phone would ring off the hook at dinner time.

Steve Augustino: And the ones that rang at dinner time with that robotic voice that would give you this message, you wouldn’t be able to stop it, or the other real nuisance for the businesses where you’ve got 10 lines in your business and you got a call to line number one and immediately after you have to hang up, that same call to line two, line three, line four, line five is sort of calling these sequential numbers. So, it was designed to prevent those types of things.

Steve Augustino: As relevant here, it prevents sending auto dialed or automatically sent messages to cell phone numbers and to cell phones, those are a special category in here. The TCPA was adopted before texting, but texting is a part of the TCPA now that has been interpreted, that’s an accepted interpretation, so if you’re going to send automated texts to someone, to their phone number, to their cell phone number, the TCPA does apply in that instance.

James Lapic: So to the latter part of my question, why is it so–

Steve Augustino: Why is it so hard?

James Lapic: And why is it hard? Why?

Steve Augustino: It’s really two things. Number one, it’s so old that the technology has changed a lot and so the issues we’re facing now are not that robotic voice that dials every single number sequentially.

So that’s number one, and number two is over the last few years, we’ve had a lot of uncertainty as to some of the key elements of the TCPA. Things have gone between the agency, the FCC that administers this, and the courts, and we’re still waiting for some final things. So, there’s a little bit of uncertainty which makes it a little bit harder for people to address in this situation.

James Lapic: Is it fair to say, Steve, that the regulation of this stuff will always be behind the technology to a certain extent and we’re always going to have a changing dynamic, right? I mean technology is moving at a very fast pace. There was no iPhone in 1991. Different world.

Steve Augustino: It’s got to keep me in business, right? If it didn’t change, if we didn’t have uncertainty, I wouldn’t have anything to do, so absolutely. But the thing is you can’t let that uncertainty paralyze, freeze you, right? Your customer wants to text right now, they want to hear from you, and so you’ve got to find a way to navigate through that world despite the uncertainty. You can’t sit on the sidelines forever.

Opt-in and consumer consent

James Lapic: Agreed. Agreed. Well, so just a quick preview of what we’re going to go through today. We’re going to take you through some of the different aspects of TCPA, specifically opt-in and consent, how to opt-out. And then there’s some common questions that we get, we’ll dive into. And then as Keith mentioned, we’re going to have a live Q&A. We get a lot of questions all the time on this, Steve, so I’m sure we’ll find oldies but goodies in that list and maybe some wild cards.

Steve Augustino: Maybe some things that’ll surprise me.

James Lapic: Maybe. We’ll see, 20-plus years, we’ll see if we can surprise you. But let’s jump in. So, when we say, “opt in”, I know that really is talking about consumer consent and then wanting to be messaging with you.

Can you help us understand what we mean when we say, “opt-in” and “consumer consent” and what does that mean? Can you unpack that for us?

Steve Augustino: Sure, sure. So, the basic element of the TCPA is this idea that if you’re going to send these messages to these wireless numbers, you have to have the consent of the customer. You can’t send things that are unwanted, unprompted. Okay. So, you have to give consent.

Now we talk about “opt-in” because that’s the specific kind of consent and you have to get here. You have to get prior expressed consent in order to text that. You can’t say, “I’m going to text you unless you tell me you don’t want it.” Right? You have to get that consent. They have to signal to you that they want it.

Informational vs. marketing messages

James Lapic: Gotcha. I know there’s different types of consent and we’re going to get into that, but maybe you can tell us a little the difference between the types of consent necessary. I know that I’ve heard marketing versus informational messaging and things like that are very different. What are some of the considerations?

Steve Augustino: Sure. So that was the reason for the poll really at the beginning of this was to get a little sense of who’s doing what. It breaks out into two major categories here as we’re looking at the type of consent. The first ones are informational messages. Those are messages that don’t propose a transaction.

James Lapic: So, this is a good example of informational, I’m sending an appointment reminder, or I’m rescheduling an appointment or package alert or–

Steve Augustino: Your flight is delayed. Right. That’s just information. It’s not selling anything. It’s not doing anything else. Right. That’s informational. The second category is marketing. If you’re marketing to customers, then there’s a different level of consent and the different method of getting consent.

James Lapic: Gotcha. I know one thing that we get a lot is if I’ve used Zipwhip to text sample my business phone number and I start to get inbound inquiries over text, what’s the consent needed there? So, if I get a question inbound, am I allowed to respond to them?

Steve Augustino: Yeah. We’re, assuming it’s a totally customer-initiated text, right. And I think in that situation that is consent, it is likely fairly limited consent so you can respond to the inquiry, that’s in fact what the customer wants you to do.

I wouldn’t turn around and start responding about things that the customer didn’t ask about, selling other services, selling different services. Don’t necessarily consider that because they did that on today that six months from now you can respond to them with other stuff.

James Lapic: Gotcha. So, it’s fair to say I can answer the question if they have a question about the service I offer or my appointment, that’s fine to answer, but don’t try to upgrade them or without gathering additional consent.

Steve Augustino: Don’t read more into it than what the customer really is asking.

James Lapic: That seems like it’s pretty common sense.

Steve Augustino: I would hope so.

James Lapic: So can you help us unpack a little– marketing, I know it’s an interesting word when you relate it to texts, can you help us understand maybe the scope of, what will you say when you see marketing and you’d mentioned adding some promotional language into the question and help us understand a little where the line is on that.

Steve Augustino: Right. Well before I do that, let me tell you the reason why we’re doing this. So, the informational text doesn’t require as much or at least the same form of consent as the marketing text does. So, you need to know where that line is, so you know which type of consent you get.

For the informational text, you simply need the customer’s prior expressed consent. That can be expressed in any way. It can be that text potentially. It can be a conversation and so they gave you verbal consent for that. It can also be in writing or in the ordinary business process of that. There is not any special requirements on it. They just have to give you that knowing consent to you.

Steve Augustino: When you do marketing, you have to get written consent from the customers and the FCC has specified certain standard disclaimers that have to be out there with respect to those. So that’s why the difference is material. So, what is marketing then, truly?

That “Hey, it’s your appointment.” “Your car is ready.” Those sorts of things, that’s all informational, right? But “Save 20% whenever you want to do this,” that’s a marketing message, okay. Anything that proposes a commercial transaction is a marketing message.

And if you mix those two together, then the higher standard applies.

James Lapic: You default to the higher standard. Gotcha. So I guess my takeaway there is, as you’re signing up customers for your service, or into your business, that they need to be aware of what they’re signing up for, and this consent can be part of the normal course of business of onboarding a customer with their preferences to be contacted. Is that a fair assessment?

Steve Augustino: Right. I think the goal, despite being a lawyer, I’m going to say this. The goal is to not make this look and sound like legalese, right? You want to integrate this as much as possible. It’s sort of this smooth, ordinary business flow.

So, if you can build that into that basic flow when they’re first signing up for you, or when they’re interacting with you on the website, try to build that consent in there. Make sure it’s clear, it’s conspicuous, the customer knows that you’re going to use this medium to connect with them.

And then, we’ll talk about this a little bit later, but keep that record because you may need it later.

Getting consent and keeping records

James Lapic: And it’s fair to say too that you shouldn’t, you can’t require it as part of your service. They opted into this under the consumer’s control.

Steve Augustino: It’s entirely their choice. And actually, that’s one of the requirements in the written part of it is you have to actually tell them that consent is not a condition of the service.

James Lapic: Gotcha. Well I know you just mentioned, Steve, record keeping, and I think that’s one of those things that maybe somebody might look at and maybe be on the sidelines because of that part of the subject.

So, can you give us some examples of what does that mean? So, when you say keep a record, is that as simple as just making sure I keep my customer records from the signup and knowing what they checked in terms of preferences?

Steve Augustino: Yeah, if they filled out a paper form, you want to keep that paper, you want to be able to have it. When you say, “What form?” Think about the reason for it. The reason is that if the customer later says, “Well I didn’t give you consent.” You need to be able to prove that they did and how they did.

So, you want to keep that with whatever way in which they gave you the consent to begin with. The paper form, keep the paper form, a website submission, keep the submission, maybe keep the IP address and have some way of showing what the screen looked like that they responded to on it so you can prove everything that goes along with that.

In terms of timing, you need to remember that you need to keep this for up to four years after the last time you contacted them because you need that consent so you’re going to keep it a long time. Now storage cost hasn’t necessarily been a major issue for people these days, but just being organized enough to know that you can retrieve this and find it is an important element.

James Lapic: So, Steve, one thing I wanted to ask you about, we get asked this question a lot is can I get somebody’s consent by texting them asking for it?

Steve Augustino: No. You really can’t do that. You can’t call somebody to say, can I call you? you can’t text him and say, can I text you?

James Lapic: Well when you say it out loud it sounds kind of funny that is something we could ask, especially navigating through these waters and–

Steve Augustino: Get it through a different mean. You can send them an email and say, “Would you prefer to be contacted by text?” And when they call you, you can ask for that. Now remember, which type of message depends upon how you need to collect that consent, but build it into the ordinary processes. Don’t go out there and say, “Hey, can I text you”.

James Lapic: Any other closing thoughts on kind of opt in and consent? I know you just mentioned it can be collected other reasonable means.

Steve Augustino: Yeah, well, the key point I want to say in this whole, I think start moving us into the other element of it, is that because it’s the consumer’s choice to give you consent, and because it’s not tied to the service, they can give it to you, but they also can revoke it at any time, and so there was a recent ruling by the FCC saying that the consumers have the ability to revoke that consent at any time through any reasonable means.

So as you’re building in the process to collect the consent, make sure you also build in the way to make sure that that customer can express, “You know what, I wanted you to text me before, I don’t want you anymore and I’m tired of that.”

Stop commands and opt-outs

James Lapic: Great segue into how do we opt out, right? How does a customer revoke that consent, and how does a customer control their preferences over texting? So, I think Steve it’d be really helpful, if you could help us understand, according to TCPA, what are the requirements around opt out and consent revocation?

Steve Augustino: So specifically talking about texting, you get a text message. People are familiar I think with the stop command, that’s a pretty common one, you text back “Stop”, I don’t want this anymore, and that will be processed.

So that’s a common way, probably the most common way of doing that. It’s not a legal requirement because nobody else has said this is the way to do it. It really comes from mobile marketing guidelines on sending that stop command.

But that is a clear, and I would say a reasonable way, for the consumer to express that desire to revoke their consent, so you need to be able to build that in. And I know that Zipwhip has support for that and maybe this is a good point to talk a little bit about that.

James Lapic: Yeah, thanks for that Steve. Always love the plug, but yeah, we’ve built within our network at Zipwhip, just a global opt out.

So, every account by default, can’t turn it off, has the stop command built in. So, if our customer texts them the word stop they’re removed from the ability to communicate with that customer, and it prevents the business from being able to text them from the interface again. So, you can actually, programmatically prevent them if the customer has revoked consent in addition–

Steve Augustino: So, it’s like mistake proof, right? So, if I forget that they had texted stop and I later put them in something and try to send it, it won’t go out?

James Lapic: Correct, it actually disables the send button. And then as you mentioned, because you can collect opt out, they may call you and say, “Please opt me out.” You have the ability to block contact within our platform and it results in the same thing.

So, we’re really trying to build tools that help our customers navigate this complicated subject and make it what we think is, a lot easier to understand. And I mean there’s a lot of common sense around interpreting what you as a consumer would want, I want to sign up and I want to opt out right.

Steve Augustino: That’s the goal of the TCPA, really.

James Lapic: Is it fair to say it really just boils down to consumer has the choice to turn on and turn off the ability of text with you?

Steve Augustino: Yeah, absolutely. They get the pic, how do they want to interact with you? Is it via texting, is it via calls, is it via emails, is it not at all? That’s their choice.

James Lapic: So Steve, I know one thing that I wanted to ask you about, that we get asked a lot is, people have gotten used to getting those airline alerts and a lot of them come with a thing at the end of every message that says “Reply, stop to opt out” and “Message and data rates may apply.” My least favorite saying in the world.

In regards to TCPA, what is the requirement for that and what… Maybe it’s not a requirement, maybe it’s best practice, but what is your thought on having to include that in how and where and… What’s your thoughts?

Steve Augustino: Again, it’s not a legal requirement, so you don’t have to tell the customer, and if you’ve put, “Reply, stop” every single time, that’s going to interfere with the conversation. It would be as if I said “Here, the disclaimer that Keith gave at the beginning of this conversation, this is for educational purposes, this is not legal advice.” If I said that after every single question, it would bore people, so you don’t have to do that.

James Lapic: Great way to frame it.

Steve Augustino: What the guidelines say really is, the mobile marketing guidelines, that about once a month you should tell customers this, remind them that they can reply “Stop.” It’s sort of the same time we do the message data–

James Lapic: We’ve had customers that have felt really good with putting that in the auto reply that goes out when the customer sends them the first message.

Steve Augustino: That would work, that’s reasonable.

James Lapic: So I know that we talked about different methods for people to do things, but one question I get sometimes is if somebody opts out of texting and they send me stop, am I not allowed to call them or email them anymore? How does that work? And especially with TCPA.

Steve Augustino: Right. Well, so the legal requirement is if they respond “Stop.” That’s an expression that they’re revoking their consent for that method. You have to implement that and you have to implement that promptly, so you got to respect it.

But that’s a communication that says, “I don’t want texting.” It’s not necessarily one that says “I don’t ever want to hear from you through any different way.” So, I think you look at these on a medium specific basis. So, you can still call them.

James Lapic: So, Steve is it fair to think of it maybe around the same way that I have an unsubscribe button in my email campaign that takes the amount of email that “Stop.” Kind of does the same thing on the texting side?

Steve Augustino: It’s very similar. So, the key though is like if you’re going to call them you had to have had the consent to call them separate from this, but yes, you can still do those sorts of things. “Stop” does not necessarily mean I don’t want to ever deal with you, period, so you don’t have to interpret it that way.

Special considerations and emergencies

James Lapic: Great. Well I think it’d be helpful maybe to talk about some real-world examples from our customers and I know that there’s some special considerations and exceptions to the rule maybe, and maybe we can poke at a few of those.

Steve Augustino: Yeah, I think there’s a lot of folks on here that have different use cases for it, and there’s a lot of different ways in which texting is helpful to the business. The TCPA, as I said, has this requirement for consent. It has a broad exception for emergencies. Now emergencies mean, essentially, natural disasters–

James Lapic: Not my late flight.

Steve Augustino: Right, that’s not…

James Lapic: That’s my emergency.

Steve Augustino: That’s not your emergency, and it’s very difficult I think to project that “Oh, this might be it.” But sort of falling off of that, the FCC has recognized that there are certain types of instances where there are communications that have a certain kind of urgency to them and they don’t want those to be blocked or held up by these questions about the consent. Because what’s really happening, the TCP has kind of shifted more just focusing on the multiple robocallers probably a thousand times in the scammers and those types of things–

James Lapic: My favorite.

Steve Augustino: –Not their regular communication. FCC recognizes that texting is the way a lot of people want to communicate, and there are certain types of messages that have this kind of built in urgency to them, and they’ve created some exceptions that go along with that.

James Lapic: Can you give us a couple? I know we have a lot of different types of folks joining us on this webinar. Maybe you can pick out a couple of examples here of how you apply some of those exceptions to different industries.

Steve Augustino: Yeah, I will. The first thing I’ll say is that all of these come with a list of limitations and caveats, so if you’re going to use these, you really need to go back and consult what the commission has said and how you have to do it. But again, the goal was to try to give some guidelines, promote the good texting on this.

Two major ones that jump out are in the healthcare industry. Treatment related messages, whether they’re by voice or by texting, are exempted from the consent requirements–some of these conditions.

So, you can send those reminders, or those messages, about how to get your treatment and you got to remember to do this, or don’t forget to take your pills. It’s time to take your pills. Anything that’s treatment related, not the broader relationship with the treatment related materials–

James Lapic: My bill is due.

Steve Augustino: Right. And the same with the banking and credit instances. The commission specifically said when you’re talking about fraud alerts or security of arts, you can send those out to consumers.

Now there’s a limit on how many you can send, and they supposed to be free to the end user like the other ones, but they want to get that message out and you don’t want that to be held up by the business saying “Well, do I have the right kind of consent for that? Do I still have that record somewhere?” You want those to be able to go out.

James Lapic: Any other interesting considerations or exceptions to the rule under TCPA for industries?

Steve Augustino: I think two other ones similar to this. In the auto industry the FCC has said that product recalls and safety recalls can also be sent without the consent. Again, subject to these conditions.

And then in the education environment, the schools can send out texts about school delays, school closings, all those types of things. Those have an urgency to them.

James Lapic: I don’t have to watch the news at 6 in the morning to know if school’s closed.

Steve Augustino: That’s right. You can just check your phone.

Q&A session

James Lapic: Well, Steve, lots of great info. We’ve had a lot of really good questions coming in here and I’ve noticed a few oldies but goodies maybe popping the top, but let’s start with a couple of them here.

Are there any limitations to the time of day that I can send a text message?

Steve Augustino: Yeah there are. This is one of the things that TCPA was designed to address. We talked about, calling and interrupting it at certain times. So, you can’t send them, it’s local to the customer, you can’t send them before 8:00 a.m. or after 9:00 p.m.

James Lapic: Seems pretty common sense. So, it’s pretty fair to say, in that case, you should be aware of the time zone your customer’s in and common sense around timing. I would say to–

Steve Augustino: –Right, and not send it out.

James Lapic: One way we see customers leverage our platform is we have a scheduled text feature, so they’ll make sure they send a reminder to go with the right time, if they’re crafting it some other time, so that’s been really helpful.

James Lapic: Let’s see here. Ah, also a good one. “Can I text someone who fills out an online form asking to talk to us?”

Steve Augustino: You shouldn’t. Now this is an opportunity to collect and record the proper consent–

James Lapic: It’s almost a great example of the right way to gather written consent–

Steve Augustino: It’s the perfect time. It’s a natural time, they’re filling this information out and saying “Send me a quote.” Right? Well you should collect in there the right consent that says you recognize that you’re going to be contacted via texting, potentially through an auto dialer, and you consent to that. That’s what you want to do. So just make it as natural as possible, that’s really the thing.

James Lapic: Let’s see. All right, last one and then we got to jump on. Okay, this is a good one. I know we covered this a little bit, but maybe from this perspective, so it says “I am in sales. Can you expand on what you mean by written consent for marketing?”

So, from the salesperson’s perspective, how does that apply?

Steve Augustino: We’re talking about the modern sense of written communications here. We’re not talking about the old world of the piece of paper that gets signed and has a notary on it and all those sorts of things. That’s the old world, right? You can still use that, but you don’t have to. A written consent here means any kind of medium which creates some kind of permanent record. Okay, so it can be the web click on that. It can be an electronic signature. It can be emails–

James Lapic: Submitting that form.

Steve Augustino: It can be a fax. You can fax it back, that’s written consent.

James Lapic: You let me know when you get one of those. Well, Steve–

Steve Augustino: I no longer have it on my business card, I don’t have a fax number.

James Lapic: But they’ll text you.

Steve Augustino: They will text me. Yes.

James Lapic: Exactly. Well Steve, thank you so much. Very informative, as usual.

Steve Augustino: It’s my pleasure.

James Lapic: Thank you so much for making it out to Seattle. As he said it is sunny today, so that’s nice. Just wanted to hit on a couple of things and before we close.

Obviously, we didn’t have enough time to get through all of these questions, but we have a lot of really great information available here at Zipwhip. We put together a TCPA compliance e-book. It actually has a very helpful chart that breaks down the different types of consent and what some examples are of that as Steve had mentioned, but that is a fantastic resource and if you haven’t checked it out we’ll get you over to that.

Keith Hitchcock: Yes, we will. Yes, thanks for plugging that and I will follow up with everyone who attended, and didn’t attend, with that link to the TCPA e-book with the video recording, links and the slides that we experienced.

James Lapic: Thank you for having me.

Keith Hitchcock: Thank you so much.

James Lapic: Appreciate it.

Keith Hitchcock: That was so helpful. You’re an awesome cohost. I hope to have you back.

James Lapic: Anytime.

More resources

Keith Hitchcock: All right, a few things before we close here. One, thank you for joining us and I want to point out some other resources that are available to you on our resource center on the Zipwhip.com site. There’s a few ones that I’m flagging here, but there are a bunch of blog posts and other elements in the resource center.

Do you like podcasts? We have that to listen to. Got a bunch of videos, want to flag those resources for you.

We have an Ultimate Guide to Texting e-book coming out, so be sure to sign up for the blog if you’re curious about that, we’ll be sending out information about that.

And just one more thing before we close. When I close the window, there’s going to be a survey that pops up on your window. Just take about a minute to fill that out if you were so kind to do so. It helps us improve what we’re doing over here, and we’ll hope to see you next time.

Thanks again and bye-bye!

Sign up for Zipwhip's best tips