WHEN CREATING A DISCLAIMER, follow the TCPA 8-STEP OPT-IN FORMULA:

 

1. Electronic Signature: Ensure that it includes a checkbox, this will serve as an electronic signature, enabling users to provide their consent by simply checking the box.

1. Example: By clicking “Yes, I accept” above.

1. Specific Consent. State that users are granting permission to your company by including your BUSINESS NAME and your team/partners, and not to any other entity or individual.

1. Example: “I agree to let YOUR BUSINESS NAME and its partners send me marketing, transactional, and informational messages about buying or selling my property.”

1. Communication Methods: Explain the various communication methods that will be used to contact users after they opt-in. This may include text messages, phone calls, pre-recorded messages, or artificial voice messages. Additionally, mention where the messages are.

1. Example: YOUR BUSINESS NAME will send text messages, phone calls, pre-recorded or artificial voice messages, either from their phone system or with their CRM or Automatic Telephone Dialing System (ATDS).

1. Detailed Opt-out Process: Provide the precise steps, including the specific keyword and destination, by which users can effortlessly withdraw their consent and unsubscribe from receiving messages at any moment.

1. Example: “I can unsubscribe at any time, by simply texting the word STOP to +1 424-955-6984”

1. Consent Compliance: Specify in the disclaimer that the consent provided by users remains valid even if they are already registered on any Federal, State, and/or internal Do Not Call (DNC) list or registries. This ensures that users understand their consent will not be affected by any existing DNC registrations.

1. Example: “This consent applies even if I am previously registered on any Federal, State, and/or internal Do Not Call (DNC) list or registries.”

1. Legal Age and Understanding: Include a statement in the disclaimer that users are at least 18 years old and have read and accepted your website’s Privacy Policy.

1. Example: “I confirm that I am at least 18 years old and have read and accepted your website’s Privacy Policy. “

1. Verify Information: Explain that users need to verify that the information they submit in the form belongs to them and is not associated with someone else. This helps ensure accurate communication and prevents any potential privacy issues.
   1. Example: You also confirm that you are making this inquiry from the number you own and provide.
2. SMS Data Charges: Inform users about the possibility of incurring standard messaging and data rates for SMS communications. This transparency helps users make informed decisions regarding their participation.