Text-to-give is a powerful instrument for helping your nonprofit grow stronger relationships with donors, drive engagement, and increase revenue for your cause. However, your nonprofit can’t jump into text-to-give without being up to date with current legal provisions. Just like with any type of fundraising, there are several rules and regulations that come with text-to-give to keep on your radar.
The main policy that your nonprofit needs to know about is the Telephone Consumer Protection Act (TCPA), which was created to protect consumers from unwanted calls and texts. While nonprofits aren’t fully subjected to all parts of the TCPA like businesses, there are still several rules you need to follow to keep your nonprofit in good legal standing, avoid unnecessary fines, and maintain trust with your supporters.
In this guide, we’ll cover everything you need to know about the TCPA and how you can create a legally compliant text-to-give campaign. With the right background knowledge, you can confidently lead a text-to-give campaign that adheres to best practices, allowing you to generate plenty of funds for your mission.
What is the TCPA?
The TCPA was created by the Federal Communications Commission (FCC) to safeguard consumers’ privacy and ensure they aren’t targeted by unsolicited messaging on their phones. Originally created to protect against telephone marketing calls, like robo-calls, the TCPA has since expanded to include text messaging.
Under the TCPA, the following policies were enacted:
- Prior Written Express Consent: Companies can’t just take any list of contacts and send them out solicitations and marketing messages. Instead, they need written consent, such as a signature, that a consumer wants to receive their messages. Under the E-Sign Act, however, this was expanded to include digital consent, rather than a physical signature. For example, after the terms and conditions are sent to a consumer once they opt-in and they reply “Yes,” this would count as written express consent. This rule looks a little different for nonprofits, and we’ll cover this in the next section.
- National Do-Not-Call Registry: This registry is maintained by the US federal government and sees that anyone who has added themselves to this database cannot be contacted by telemarketers. However, even if a person adds themselves to the do-not-call registry, they can still be contacted by political organizations, charities, and debt collectors.
- Opt-Out Mechanisms: No one wants to feel trapped in a text messaging campaign, and the TCPA recognizes this by making it legally necessary to provide a way for consumers to opt-out. This could mean texting “STOP” or “QUIT” to leave a given campaign. The organization must also provide these opt-out instructions when first contacting the individual.
The TCPA is more lenient for nonprofits because they have charitable aims. As a result, there are several exceptions to the above rules. Let’s take a closer look at how the TCPA affects your nonprofit’s text messaging.
How Does the TCPA Impact Nonprofits?
The TCPA impacts nonprofits like yours in the following key ways:
Nonprofits must receive implied consent
Unlike companies that need express written consent, your nonprofit only needs implied consent to text your supporters. This means that if a donor gave their number to your nonprofit at any time, such as submitting it as part of your donation form, including it in their event registration form, or adding it to a contact form submission, they are giving you implied consent to text them. However, if you didn’t receive a donor’s phone number directly through them and are grabbing it off the Internet, this would be in violation of the TCPA.
Nonprofits aren’t subjected to referencing the Do-Not-Call registry
Companies have to reference the national Do-Not-Call registry and maintain an internal Do-Not-Call registry, but the same isn’t true for nonprofits. This is because it’s expected that nonprofits wouldn’t continuously reach out to someone who hasn’t replied or has said that they’re uninterested in supporting their mission and fundraising efforts.
Agents acting on behalf of your nonprofit receive the same exceptions
If your nonprofit sets up a collaboration with an external partner, such as a corporate sponsor or consultant, they’re subject to the same exceptions as long as their messages are related to your nonprofit’s purpose and any funds raised go back to your mission.
However, if they send any messages with a commercial intent that support their own aims, they would be subject to the full rules of the TCPA. For example, if you form a corporate partnership with a restaurant, they cannot start texting your nonprofit’s donors about their dining deals because they have no relation to your nonprofit’s fundraising. Be sure to consult with a lawyer for their expertise to stay compliant if you find yourself in a situation where an agent is acting on your behalf.
Best Practices for Text-to-Give Compliance
Just because your nonprofit is exempt from a few of the core policies under the TCPA doesn’t mean you should ignore them completely! Let’s go over some best practices so you can create a well-designed campaign and build trust with your donors:
Partner with a Reputable Texting Service
Choosing a reliable and legally compliant text messaging platform is key to your texting success. Tatango’s guide to nonprofit text messaging recommends investing in software that not only offers robust features and analytics for your text-to-give campaigns, but also ensures adherence to TCPA guidelines.
This includes managing consent records and providing easy opt-out options. Look for providers with a proven track record in handling nonprofit communications and supporting organizations in running spotless campaigns.
Receive implied consent before texting supporters
While nonprofits may operate under the notion of implied consent, it’s important to handle this responsibly. Implied consent can be gathered through various interactions such as event registrations, donation forms, or even in-person meetings between staff and board members and donors.
However, the process should be transparent—make it clear to donors that providing their contact information implies consent to receive messages. Integrating your contact or donation form on your website with your text messaging platform can automate this process, ensuring any time a supporter submits their phone number on your website, they’re opted into your campaign.
Allow Supporters to Opt-Out at Any Time
Enabling donors to easily withdraw their consent is a legal requirement and a best practice in maintaining donor relations. Clear instructions for opting out (like texting “STOP”) should be included in every message. Additionally, the process for opting out should be immediate and hassle-free.
Be Transparent About Data Usage and Maintain Donor Privacy
Transparency in how donor data is used is crucial for building trust. Inform donors about what data is collected, how it is used, and who has access to it.
With the help of the right text messaging platform, you can adopt robust security measures to protect donor information from unauthorized access or breaches. This may include encryption, secure data storage solutions, and regular security audits. Informing donors about these measures can increase their confidence in your organization and lead to more donations down the line, allowing you to maximize your financial health.
Consult Legal Experts for Up-to-Date Regulations
The legal landscape, especially concerning data protection and privacy, is continually evolving. This is where regulation consultation with legal experts specializing in nonprofit law and TCPA compliance can help.
These experts can provide tailored advice, help navigate any changes in legislation, and ensure that your text-to-give campaigns remain compliant. They can also assist in developing internal policies and training your staff to understand and implement TCPA guidelines effectively.
Wrapping Up
To avoid unnecessary legal issues and maintain your nonprofit’s positive reputation, it’s critical that you adhere to text-to-give policies and best practices. Keep in mind that the TCPA applies differently to organizations like companies, churches, and nonprofits, so do your research and consult the right expert third-parties to ensure your specific text-to-give campaign stays compliant.