Texting Your Loyalty: Avoiding Potential TCPA Litigation

Restaurants hit hard during the COVID-19 outbreak may be doing all they can to stay in touch with their customers to encourage them to participate in takeout and reward them for their loyalty. While text marketing to customers who have signed up for your loyalty program might seem like a fast and budget-friendly way to connect during the crisis, it also subjects restaurants to potential litigation under the Telephone Consumer Protection Act (TCPA). 

The TCPA prohibits the use of automatic telephone dialing systems (ATDS), or “auto-dialer,” to contact consumers on their mobile phones without the consumers’ express consent – this includes text messages. TCPA litigation can cost companies, both big and small, millions of dollars in liability because the TCPA authorizes fines of $500 for every text message sent without consent.

Opting In Is Not the Same as Getting Express ConsentJust because a customer has joined your restaurant’s loyalty program, that doesn’t mean you have…