Compliance Practices Guide

1. Introduction

1.1 Purpose of This Guide

This guide is designed to help you understand the basics of SMS marketing compliance. It covers common concepts, provides practical examples, and highlights areas where you should be particularly careful. However, this guide cannot cover every situation, every state law, or every possible interpretation.

1.2 Who Should Read This

This guide is intended for OAK users who:

• Send marketing text messages to potential customers
• Use automated messaging or drip campaigns
• Work with third-party lead vendors
• Want to understand basic compliance requirements

1.3 What This Guide Does NOT Cover

• All state-specific requirements (there are 50+ different regulatory schemes)
• International messaging regulations (GDPR, CASL, etc.)
• Industry-specific regulations beyond general overview
• Legal advice for specific situations
• All possible consent scenarios or edge cases
• Voice calling regulations in detail

2. TCPA Basics Explained

2.1 What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law passed in 1991 that regulates telemarketing calls and text messages. The law was designed to protect consumers from unwanted marketing communications.

2.2 Why Does It Matter to You?

The TCPA matters because:

• It applies to text messages: Courts have ruled that text messages are "calls" under the TCPA
• Consent is required: You generally cannot send marketing texts without permission
• Penalties are significant: Violations carry statutory damages
• Class actions are common: Plaintiff's attorneys actively seek TCPA cases

2.3 What Are the Penalties?

2.4 Class Action Risk

TCPA class actions are one of the most common types of class action lawsuits. Plaintiff's attorneys actively seek these cases because:

• Statutory damages make large recoveries possible
• No actual harm needs to be proven
• Phone records provide clear evidence of messages
• Classes can include thousands of recipients

3. Understanding Consent Types

Not all consent is created equal. The type of consent you need depends on what kind of message you're sending.

3.1 Prior Express Consent

What it is: Permission to receive messages, which can be given verbally or in writing.

When it's enough: Non-marketing messages like appointment reminders, delivery notifications, or account alerts.

Example: A customer calls to schedule an appointment and gives you their phone number. You may send them reminders about that appointment.

3.2 Prior Express Written Consent

What it is: A written agreement (paper or electronic) that specifically authorizes marketing messages.

When it's required: Any marketing, promotional, or telemarketing message.

What it must include:

• Clear disclosure that you will send marketing messages
• Disclosure that automated systems may be used
• Statement that consent is not required to make a purchase
• The consumer's signature (electronic is okay)

3.3 How to Obtain Each Type

Prior Express Consent (Non-Marketing):

• Customer verbally provides phone number
• Customer enters phone number on form for service purposes
• Customer texts your business first

Prior Express Written Consent (Marketing):

• Web form with compliant disclosure and checkbox
• Paper form with compliant disclosure and signature
• Two-step verification (confirm opt-in via reply)

4. Building Compliant Lead Forms

If you collect leads through web forms, the form design determines whether you have valid consent.

4.1 Required Disclosure Elements

Your consent disclosure must include:

1. Who is texting: Your business name
2. What type of messages: Marketing, promotional, etc.
3. Automated technology: Mention automated systems or autodialer
4. Not required to buy: State consent isn't a purchase condition
5. Message frequency: How often they'll receive messages
6. Rates may apply: Standard data rates disclaimer
7. How to opt out: Reply STOP to unsubscribe
8. How to get help: Reply HELP for assistance

4.2 Example Consent Language

4.3 The No Pre-Checked Box Rule

4.4 Common Mistakes to Avoid

4.5 Clear and Conspicuous Standard

The consent disclosure must be "clear and conspicuous." This means:

• Same font size as surrounding text (or larger)
• Readable color contrast
• Not buried in dense legal text
• Immediately visible without extra clicks or scrolling
• Understandable to an average person

5. Working with Lead Vendors

Purchasing leads from third parties is common but risky. You inherit the compliance problems of your lead vendor.

5.1 Questions to Ask Before Purchasing

• What exact consent language do you show consumers?
• Is my specific business name disclosed in the consent?
• How do you capture and store proof of consent?
• Can you provide consent records within 24 hours if needed?
• How old are these leads? When was consent obtained?
• Do you scrub against TCPA litigator databases?
• Have you had any TCPA complaints or lawsuits?
• Will you provide indemnification for consent issues?

5.2 Red Flags to Watch For

5.3 Documentation to Request

Before messaging any third-party leads, obtain:

• Copy of the consent form/page shown to consumers
• Screenshot or recording of the consent flow
• Written certification that consent was obtained
• Contract with indemnification clause
• Sample proof of consent record

5.4 Aged Lead Risks

6. Crafting Compliant Intro Messages

Your first message sets the tone and establishes compliance. Get it right.

6.1 Required Elements

Every initial marketing message should include:

1. Business identification: Your name or company name
2. Clear purpose: Why you're contacting them
3. Opt-out instructions: How to stop receiving messages

6.2 Character Count Considerations

SMS messages are limited:

• Standard SMS: 160 characters per segment
• Longer messages split into multiple segments (billed separately)
• Special characters and emojis reduce character limits

Balance compliance requirements with brevity. Every message needs identification and opt-out, which uses valuable characters.

6.3 Example Compliant Messages

7. Drip Campaign Best Practices

Automated follow-up sequences require careful planning to remain compliant.

7.1 Frequency Guidelines

• Space messages appropriately (not multiple times per day)
• Match frequency to what was disclosed in consent
• Reduce frequency over time if no engagement
• Consider time since last response

7.2 Time of Day Restrictions

7.3 Content Variation

Vary your drip message content to:

• Avoid appearing like spam to carriers
• Provide value in each message
• Maintain engagement
• Reduce opt-out rates

7.4 When to Stop Messaging

Stop your drip sequence when:

• The contact opts out (immediately)
• The contact reaches the end of the sequence
• An extended period passes without engagement
• You achieve the campaign goal (e.g., appointment booked)

7.5 Re-Engagement Rules

8. Handling Opt-Outs Properly

Opt-out handling is non-negotiable. Failure to honor opt-outs is one of the most common—and most dangerous—compliance failures.

8.1 Keywords to Recognize

Standard opt-out keywords (must honor these):

• STOP
• END
• CANCEL
• UNSUBSCRIBE
• QUIT

Also honor variations and natural language requests like "stop texting me," "take me off your list," "remove me," etc.

8.2 Immediate Processing

When you receive an opt-out:

1. Stop all further messages immediately
2. Add the number to your do-not-contact list
3. Send one (and only one) confirmation message
4. Log the opt-out with timestamp

8.3 Confirmation Message

8.4 Never Re-Add Without New Consent

Once someone opts out:

• They stay opted out forever (until they give new consent)
• Time passing does not restore permission
• Appearing on a new lead list does not restore permission
• New consent must be affirmative, documented, and specific

9. Avoiding Carrier Spam Filters

Even compliant messages can be filtered by carriers. Here's how to improve deliverability.

9.1 Words and Phrases to Avoid

These trigger spam filters:

• FREE (especially in all caps)
• ACT NOW, LIMITED TIME, URGENT
• GUARANTEED, WINNER, PRIZE
• Excessive punctuation (!!!, ???)
• ALL CAPS for emphasis
• Dollar signs ($$$)

9.2 Formatting Tips

• Use normal capitalization
• Avoid excessive punctuation
• Don't use all caps
• Limit or avoid emojis (carrier-dependent)
• Use natural language

9.3 Link Best Practices

• Never use URL shorteners (bit.ly, tinyurl, etc.)
• Use your own branded domain if including links
• Minimize links in marketing messages
• Ensure links go to legitimate, working pages

9.4 Opt-Out Rate Monitoring

9.5 Throughput Considerations

• New phone numbers require a ramp-up period
• Start with low volume and gradually increase
• Don't blast large volumes immediately
• Monitor for delivery issues throughout campaigns

10. What To Do If You Get a Complaint

10.1 Immediate Steps

1. Stop messaging: Immediately add the complaining party to your DNC list
2. Preserve evidence: Do NOT delete any records related to the contact
3. Gather documentation: Locate consent records, message logs, opt-out records
4. Document the complaint: Record date received, nature of complaint, how received
5. Notify OAK: Per your Terms of Service, notify us of any legal threats

10.2 Documentation to Preserve

• Original consent record with all metadata
• All messages sent to the complainant
• Any opt-out requests and how they were handled
• Lead source documentation (if third-party lead)
• The complaint itself (letter, email, voicemail, etc.)
• Any internal communications about the contact

10.3 When to Contact an Attorney

10.4 OAK Notification Requirements

Per your Terms of Service, you must promptly notify OAK at Legal Email if you:

• Receive any legal complaint related to messaging
• Are contacted by a regulatory agency
• Receive a carrier violation notice
• Become aware of any compliance issue affecting OAK's platform

11. Resources and Further Reading

11.1 FCC Resources

• FCC Consumer Guide: Stop Unwanted Robocalls and Texts
• FCC Telemarketing and Robocalls Page

11.2 CTIA Resources

• CTIA Messaging Principles and Best Practices

11.3 FTC Resources

• Complying with the Telemarketing Sales Rule
• National Do Not Call Registry

11.4 Industry Resources

• 10DLC Campaign Registry (TCR) documentation
• Carrier-specific messaging guidelines (T-Mobile, AT&T, Verizon)

Contact Information

For questions about this document, please contact us at:

Oasis Auto Konnect LLC
27524 Cashford Circle Suite 102
Wesley Chapel, Florida 33544

Legal Address:
30 N Gould Street Suite R
Sheridan, WY 82801

Email: Legal Email
Support: Support Email
Phone: (813) 515-3550