QUESTION:
Why is it against TCPA regulations to mass text my leads when their number is a publicly listed business phone number?
ANSWER:
Under TCPA regulations, you cannot legally send ‘mass marketing texts’ to any individual or business without their prior consent (“opt-in”). There are no exceptions for business or publicly listed phone numbers.
QUESTION:
The list of leads I purchased was scrubbed through the Do Not Call (DNC) list. That means I can text them, right?
ANSWER:
No. The DNC list does not override the TCPA’s “opt-in” requirement. The TCPA regulations clearly state that you cannot legally send ‘mass marketing texts’ to anyone without their express “opt-in” consent, regardless of whether the number appears on or off a DNC list.
Once a lead has opted in, you may then send them ‘mass marketing texts’ in compliance with TCPA regulations.
QUESTION:
If I can’t mass text them to ask for permission, how do I get their “opt-in”?
ANSWER:
You may send a one-time, manual, one-to-one text message asking the lead to “opt-in.” This message must be sent manually and will programmatically record proof of their agreement.
Within FAS, you can navigate to a specific lead and click the “ASK” icon to send an “opt-in” request.
⚠️ You can only click “ASK” once—sending multiple requests can be viewed as a form of mass texting.
Additionally, FAS “Contact Forms” include a checkbox for leads to “opt-in.” We automatically capture and store the texting SID, IP address, and timestamp of their “opt-in” response for documentation and compliance protection.
QUESTION:
What about “opt-outs”?
ANSWER:
We handle that automatically. Whenever a recipient replies ‘STOP’, our system immediately opts them out, as required by law. Each text message sent includes clear “opt-out” instructions, and they can reply with ‘STOP’ at any time.
QUESTION:
What if I receive leads from third parties?
ANSWER:
Your third-party sources must include a clear “opt-in” message on their contact forms. Since we cannot verify or control their compliance, we recommend you manually send your own “opt-in” request through FAS to confirm and document each lead’s consent. FAS records the texting SID and proof of their “opt-in” for your protection.
QUESTION:
What if a phone number is reassigned to someone else?
ANSWER:
FAS automatically performs monthly checks against the national database of reassigned mobile numbers. If a number is found to be reassigned, we programmatically opt them out to ensure your compliance and reduce liability.
QUESTION:
Why don’t other texting services require all these steps?
ANSWER:
FindaSuite (FAS) is designed to keep your business compliant with TCPA regulations while managing your texting lists securely and responsibly.
Other mass texting or list-purchase services typically include a liability disclaimer making you responsible for any TCPA violations or fines. But they don’t provide the built-in safeguards that like automated “opt-in”/”opt-out” handling, or reassigned-number screening that FAS offers.
TCPA fines are substantial. FAS gives you the tools to stay protected. Why risk it?
QUESTION:
If I created or purchased my own lead list, how can I text them if they must first “opt-in”?
ANSWER:
You may send each lead a one-time, manual, one-to-one text asking them to opt in.
This method is fully compliant because TCPA restrictions apply to automated ‘mass marketing texts’, not to individually sent, manual messages.
Once the lead opts in, you can then include them in your automated campaigns.