Last updated: May 2017
Your access to and use of QuickText Service is conditioned on your acceptance of and compliance with these terms of rules.
These rules apply to all quicktext clients, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these rules. If you disagree with any part of the rules then you may not access and use the Service.
The usage of Quicktext must conform strictly to the TCPA rules and regulations regarding instant messaging marketing. TCPA rules have recently strengthened, which does not mean that the TCPA is intended to be a barrier to normal, expected, and desired business communications. It means that operators and marketers must ensure that the following requirements are taken care of:
- Obtain Express Written Consent Prior to Initiating or Sending IM.
Prior express consent is a critical aspect of TCPA compliance and litigation defence. Contacting consumer mobile phones without prior express consent presents an extremely high risk of TCPA liability.
Colossal factory, owner of the Quicktext service, recommends a collection process where customers consent in person via email or at the point of sales.
- Provide One or More Opt-Out Mechanisms.
First instant message should be a confirmation of consent. In addition, clear opt-out mention should be added to the confirmation message and the method should be easily accessible.
The process should be able to capture, document and process opt-out requests in a manner that ensures that communications will cease post-opt-out.
QuickText allows IM recipients to text “stop” to any message they receive. Consequently, the customer phone number is blacklisted and cannot be used to send more messages.
- TCPA liability is not limited to the party who operates the system.
Activities and policies of Colossal Factory are TCPA-compliant. However, a business cannot shield itself from TCPA compliance by hiring Colossal Factory to handle direct communications with customers. Rather, a business should assume that any third-party activity that promotes or communicates about the business’s products or services could subject the business to TCPA liability as if the business itself were making the call.
- Be compliant on all Messages Sent.
As a general matter, a message that includes any form of advertising or otherwise encourages a consumer to purchase or use a product or service is likely to be interpreted as a marketing message.
- Keep All Records of Consent for At Least Four Years.
The statute of limitations for lodging a TCPA action is four years. Accordingly, records of consent should be maintained for at least that period, even if a phone number is no longer part of an active marketing campaign. Colossal Factory will keep all data related to consent for a minimum of 90 days. Client will be able to download the data after 90 days to store it internally.
- Don’t Assume That Consent Received in the Past Remains Valid.
A company cannot rely on consent that was valid at the time it was offered.vColossal Factory will immediately remove mobile phone numbers from their database upon receiving notice that consent to contact has been revoked.
This information is not legal advice. Colossal Factory has no control over and assumes no responsibility for the content of text messages. You further acknowledge and agree that Colossal Factory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We reserve the right, at our sole discretion, to modify or replace these Rules at any time.
If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of Colossal Factory.