TCPA and CTIA Compliance Guide

Before enabling SMS for your store, we need to ensure your store is meeting TCPA compliance. It is vital to understand the compliance requirements around SMS marketing before you get started with it. The guide below is designed to help you use Rivo Recover in compliance with the Telephone Consumer Protection Act (TCPA), which is a US federal law, and the guidelines set out by the CTIA trade association. Failure to comply with the TCPA is serious and penalties for violation range from $500 to $1500 per message.

IN THIS ARTICLE
Overview & Resources
TCPA and CTIA Compliance Best Practices
Compliance Setup
SMS Compliance FAQ

Overview & Resources
This guide is intended to give an overview of the compliance requirements set out in the TCPA and CTIA guidelines. It does not address the laws of other countries or the laws of individual US states.

Please note that this guide is not legal advice from Rivo. We recommend contacting your own legal counsel for any advice regarding compliance with the TCPA, the CTIA guidelines and any state law where applicable.

Third party resources:

TCPA guidelines
FCC Actions on Robocalls, Telemarketing
Telephone Consumer Protection Act 47 U.S.C. § 227 (summary pdf)

CTIA guidelines
CTIA Short Code Monitoring Handbook (pdf)
CTIA Messaging Principles and Best Practices (pdf)

Shopify guidelines
Collecting customer contact information and marketing consent.

TCPA and CTIA Compliance Best Practices

Broadly speaking the TCPA and CTIA guidelines require that you:

Explain clearly to your customer what messages they are going to receive and how they can opt-out of receiving messages.

Provide a way for the customer to opt-out at any time. It must also be straightforward for them to do so.

Obtain prior, express consent from the customer to send them SMS marketing messages.

Comply with quiet hours restrictions. This requires that you do not send messages between the hours of 9pm and 8am in the recipient’s time zone.

Check out our SMS Compliance FAQ and please feel free to leave feedback on this article (Click Yes or No on "Was this article helpful?" at the bottom and add your comments or questions!)

1) Compliance Setup

Before you get started with SMS automation for Rivo Recover, there are a few important steps you must complete to help keep your store compliant with TCPA.

Step 1: SMS Compliance
Go to the compliance setup

After you have accepted Rivo’s terms of service, click Begin Compliance Steps and complete the steps below.

2) Update your store’s Privacy Policy

Step 2: Privacy Policy
Go to your Privacy Policy Page

Copy the compliance text that is provided and add it to your store’s Privacy Policy. Click the link to go directly to your Shopify Privacy Policy page. You can find this page in your Shopify Admin in Settings > Legal.

Once you have updated your store’s Privacy Policy, go back to the app and check the box to confirm you’ve completed the step and click Continue.

SMS compliance text for privacy policy

Text Marketing and notifications:

By providing your phone number during checkout and initiating a purchase, subscribing through opt-in forms where a phone number is provided, or texting a keyword phrase, you are giving us consent to send you text messages. These messages can be sent to deliver information about our products, services, and promotions, including abandoned cart reminders. Consent is not a condition of purchase. Msg & data rates may apply. Message frequency varies.

You can unsubscribe from receiving text messages at any time by replying STOP to any message sent from us or by clicking an unsubscribe link provided in any of our messages. You understand that there are alternative options to opt-out of our text messages and that manual requests will not be attributed as a reasonable means of unsubscribing from our text messages. Text HELP to any message sent by us for more information. For any questions relating to our policy or unsubscribing, you can contact us at [insert email address]. To opt-out please follow the procedures listed above.


3) Add Consent Opt-in to your Checkout

Your customers will need to explicitly opt in to SMS marketing at checkout. To enable this setting in your checkout, from your Checkout Settings Page - check the SMS Marketing checkbox and click "Save".

Step 3: Checkout Consent
Go to your Checkout Settings Page

Click the link provided to go to your store’s Checkout Settings page. Scroll down to Marketing Consent and check the box SMS Marketing. You can find this page in your Shopify Admin in Settings > Checkout. Don’t forget to click Save once you have checked the box.

Once you have added the Consent opt-in to your Checkout, go back to the app and check the box to confirm you’ve completed the step and click Continue.

4) Verify Setup

When you have completed all of the above steps, verify this by clicking Continue back to Automation.

Now when your customers go to checkout, they will see the option to receive SMS marketing from your store. When they check the box, they will be presented with your updated Terms of Service and Privacy Policy:

What your customer will see on the first page of your checkout

Changing the translation language in your Shopify Admin (optional)
You can view and change any translation once it's available in your theme. For example, if a translation that you created is incomplete, then you can continue to make changes.

To update your translation text for the SMS opt in form at the checkout:

Go to your Shopify Admin and click Online Store > Themes

Select the theme you want to make changes on, then click Actions > Edit Languages

Click the Checkout & System translation tab

Scroll down to Checkout marketing (depending on your theme this may also say SMS Marketing or similar phrasing)

Edit the text and messaging and click Save once you're finished

The Shopify default messaging is below as a template and guide

By signing up via text, you agree to receive recurring automated marketing messages, including cart reminders, at the phone number provided. Consent is not a condition of purchase. Reply STOP to unsubscribe. Reply HELP for help. Message frequency varies. Msg & data rates may apply. View our {{ privacy_policy_link }} and {{ terms_of_service_link }}.

Note: {{ privacy_policy_link }} will point to /policies/privacy page on your website and {{ terms_of_service_link }} will point to /policies/terms-of-service page on your website.

SMS Compliance FAQ

Who is responsible for ensuring my store is TCPA and CTIA compliant?
Please be aware that you are fully responsible for your TCPA and CTIA compliance. We recommend consulting with your own legal counsel on these guidelines to ensure you are compliant. This guide is provided "as is" and should not be used as legal advice.

How do I confirm my compliance in other countries beyond the United States and Canada?
Right now, our app only supports SMS messages to the USA and Canada. This guide is an overview and guide as it relates to compliant regulations set out in the TCPA and CTIA guidelines. This guide doesn't address the laws of other countries or individual US states. Please consult your local government and regulatory bodies regarding their laws in relation to sending SMS messages.

What happens if I am not compliant?
Failure to comply with the TCPA is serious and penalties for violation range from $500 to $1500 per message.
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