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Legalease
Legalease, Attorney
Category: Business Law
Satisfied Customers: 14511
Experience:  14 years experience corps, LLC's and partnerships; preparation, negotiation of complex contracts and business agreements
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I would like to be able to send SMS and text messages to my

Resolved Question:

I would like to be able to send SMS and text messages to my customers who are based in USA. As I understand it I need the person's permission to do so and must inform them in a clear and conspicuous place on my website with a check box.

I was planning on using this verbiage:

[ Check Box] I hereby consent to receive autodialed and or pre-recorded telemarketing calls from or on behalf of [Marketers Name] at the telephone provided above, including my wireless number, if applicable. I understand that consent is not a condition of purchase.


Question is can the check box be "prechecked" or does the user have to check it themselves?

Also can I use a check box and have a hyperlink linking to the above statement of consent? So it would look like this:

[Check Box] Click here for our Terms and conditions
Submitted: 11 months ago.
Category: Business Law
Expert:  Legalease replied 11 months ago.

Hello there.

-

You cannot pre-check either box. What you can do is on the first page where you want to put a hyperlink to the terms and conditions, you can set the page to not move anywhere unless they check the box to move onto the terms and conditions box. Regarding the second box where you are seeking their consent to send emails, etc to their telephones, etc, you also cannot pre-check the box but you can put a STOP on the page and if they do NOT check the box and try to move to the next page you can have a pop up come up asking them agains if they would give permission to have these messages sent to them and then have two boxes - one a "yes" and the second box a "No, I do not wish to receive such messages at this time". Federal communications law requires the customer be given the chance to opt out of receiving further communications from the merchants, including any messages offering further goods and services from the merchant.

-

I hope that helps.

-

MARY

-

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Customer: replied 11 months ago.

Hi,


 


Regarding the checkbox and hyper link. I meant can I insert the consent verbiage into my terms and conditions of my website and then create a checkbox and hyper link like this:


 


http://talesintechnology.files.wordpress.com/2012/02/blog_tandc_ask_page_with_required.png?w=640


 


Or does the verbiage have to be more conspicuous?

Expert:  Legalease replied 11 months ago.

Hello again David -

-

I am sorry but when I copy and paste that into my browser I get a wordpress page and message that it does not exist.

-

Is there any way that you can write it in a response box so I can view it?

-

By the way, the language that you used in your first posting was fine because it clearly tells the customer what they are signing up for -- that is why I did not comment on the language specifically.

-

MARY

Customer: replied 11 months ago.

Here is what I would ideally like to use: http://screencast.com/t/soVWb1ynM


 


It basically says "I agree to the terms and conditions".

Expert:  Legalease replied 11 months ago.

David --

-

I just looked at it. This is acceptable to use if you want them to accept your terms and conditions -- but for something like the permission to send additional emails and text messages to them (particularly cellphones) it has to be a separate permission box because the customer must be given the opportunity to opt out of receiving these types of messages on their cellphones (sort of like the "do not call list" where the permission to receive messages must be specifically granted).

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below, Pressing a positive rating below will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time in assisting you today. THANK YOU VERY MUCH !!!

Legalease, Attorney
Category: Business Law
Satisfied Customers: 14511
Experience: 14 years experience corps, LLC's and partnerships; preparation, negotiation of complex contracts and business agreements
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