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  • 1.  Two Questions Related to Texting Opt-Ins

    Posted 25 days ago

    Our advancement office would like to begin texting both alumni and donors. I realize constituents need to opt in to receiving text messages. I have two questions related to opt-ins. 

    First, for those who text both alumni and donors, do you have a separate opt-in for text solicitations?

    Second, when someone opts in, are they opting in only for the phone number they are providing? Our current database doesn't allow for opt-out/opt-in coding at the phone number level. I'm wondering if we'll need to maintain a separate database of numbers that have opted in.

    Thanks in advance for any feedback you can provide. 



    ------------------------------
    Allison Erickson
    Senior Director - Advancement Services
    The NMU Foundation
    alericks@nmu.edu
    ------------------------------


  • 2.  RE: Two Questions Related to Texting Opt-Ins

    Posted 25 days ago
    Hi Allison,

    Best practices (and potentially, legal regulations, depending on state and use case) call for separate opt-ins for text and email. Text ppt-ins are bound specifically to phone numbers, and that's a carrier-level issue, so you will need to track consent by phone number.


    Thank you,
    Isaac Shalev
    Data Strategy Expert
    Sage70, Inc.
    (917) 859-0151
    isaac@sage70.com

    Schedule a 30-minute consultation now:






  • 3.  RE: Two Questions Related to Texting Opt-Ins

    Posted 25 days ago
    I absolutely agree with Isaac. I also believe that the opt-in requirement applies to each different cell number and email address an individual uses. Unless an individual has explicitly opted in "for all phone numbers and email addresses in my name only," you need to ask for each.

    John

    John H. Taylor, Principal
    John H. Taylor Consulting, LLC
    2604 Sevier Street
    Durham, NC     27705

    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987







  • 4.  RE: Two Questions Related to Texting Opt-Ins

    Posted 25 days ago
    From a compliance standpoint, there is no way to do a blanket opt-in for all email addresses and phone numbers - the TCPA law requires "the voluntary communication of such number, within the context of such established business relationship, from the recipient". The opt-in is conditioned on the communication of the actual phone number being opted in. 

    I'm not certain if the same holds true for email, and that certainly will vary more by jurisdiction, but practically speaking, consent is tracked on a by-email-address basis. Procedures like double opt-in require confirmation of consent from each email address separately.

    Thank you,
    Isaac Shalev
    Data Strategy Expert
    Sage70, Inc.
    (917) 859-0151
    isaac@sage70.com

    Schedule a 30-minute consultation now:







  • 5.  RE: Two Questions Related to Texting Opt-Ins

    Posted 25 days ago
    Regarding texting, we understand the TCPA law that nonprofit organizations, including higher education institutions, are exempt from the TCPA and can consider implicit opt in if the donor has provided their phone number to the organization in any way. Therefore, no explicit opt-ins are required, though donors must be able to opt-out at any time.






  • 6.  RE: Two Questions Related to Texting Opt-Ins

    Posted 25 days ago
    Gwen, nonprofits are not exempt from the TCPA, but they are exempt from some of its requirements for certain types on nonprofit communication. For texting, they only need 'express consent' rather than 'express written consent', which means that technically, you can text any number provided to your organization. However, it's still the nonprofit's burden to prove that consent was provided, which means you have to track when and how you got the number, to prove that the donor provided it to you. The consent is still tied to the number itself. And practically speaking, you'll get lots of opt outs and may have trouble with your messaging provider if you lean on lesser consent standards, even when they are legal.


    Thank you,
    Isaac Shalev
    Data Strategy Expert
    Sage70, Inc.
    (917) 859-0151
    isaac@sage70.com

    Schedule a 30-minute consultation now: