How Is Consent for Marketing Calls Different from Consent for Transactional SMS?
Consent requirements for marketing calls and transactional SMS differ significantly because these two types of communications serve distinct purposes and are regulated differently by privacy and telecommunications laws. Understanding these differences is crucial for businesses to stay compliant and respect consumer preferences while effectively using phone communication channels.
1. Nature of Marketing Calls vs. Transactional SMS
Marketing Calls (including telemarketing calls and promotional texts) are designed to promote products or services, advertise special offers, or solicit purchases. These communications are generally unsolicited and are viewed as intrusive by many consumers.
Transactional SMS are messages that provide information finland phone number list related to a user’s transaction or relationship with a company. Examples include order confirmations, shipping updates, appointment reminders, or two-factor authentication codes. These are considered necessary communications directly tied to a user’s interaction with a business.
2. Consent Requirements
Marketing Calls
Marketing calls and promotional messages require prior express consent from the consumer before any communication can legally be made. This consent must be:
Explicit: Consumers must knowingly agree to receive marketing calls or texts. This usually involves checking a clear opt-in box or providing verbal consent during a call.
Informed: The purpose of the marketing communication must be clearly explained at the time consent is obtained.
Documented: Businesses must retain records of consent to demonstrate compliance in case of disputes or audits.
Laws such as the Telephone Consumer Protection Act (TCPA) in the U.S., GDPR in Europe, and Canada’s CASL strictly regulate marketing calls and texts, often requiring written or verifiable consent.
How is consent for marketing calls different from consent for transactional SMS?
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