SMS - Written Consent Compliance

1. Situation and Compliance Requirements


Overview:

To ensure compliance with telecommunications regulations and to respect the privacy and preferences of all participants and donor contacts, SimpleRaise requires written consent from individuals before sending them SMS messages related to fundraising campaigns. Written consent is a clear and documented way to obtain permission, reducing the risk of legal issues and ensuring that all parties are fully informed about what they are agreeing to.


Why Written Consent is Important:

Obtaining written consent is crucial for several reasons:


  • Legal Compliance: Regulations such as the Telephone Consumer Protection Act (TCPA) in the United States require that organizations obtain explicit consent before sending marketing or fundraising messages via SMS.
  • Documentation: Written consent provides a clear record that can be referenced in the event of a dispute or inquiry, ensuring that SimpleRaise can demonstrate compliance with relevant laws.
  • Transparency: By requiring written consent, we ensure that all participants and donor contacts are fully aware of what they are signing up for, including the types of messages they will receive and how they can opt out.

Compliance Requirements:

  • Explicit Written Consent: Participants and donor contacts must sign a consent form that clearly states they agree to receive SMS messages related to the fundraising campaign.
  • Language Accessibility: The consent form must be available in both English and Spanish to accommodate all participants, especially in regions where Spanish is commonly spoken.
  • Opt-Out Mechanism: The consent form must inform individuals that they can opt out of receiving messages at any time by replying "STOP" to any message.

Please obtain proper written consent to avoid legal penalties, negative publicity, and a loss of trust among participants and donor contacts. Therefore, all team members involved in the fundraising process must ensure that written consent is obtained and properly documented.

2. Written Consent Form Example

Below is an example of the written consent form that should be used to obtain explicit permission from participants and donor contacts:


Here are the two consent forms we provide.


Key Points to Remember:

  • Clarity: Ensure that all fields in the consent form are filled out correctly and that the individual signing it understands their consent.
  • Language: The consent form must be in English and Spanish, depending on the individual's preference.
  • Documentation: After the form is signed, it should be digitized and securely stored as part of the participant’s or donor contact’s record. This documentation is essential for compliance purposes.

3. Process for Using the Written Consent Form


Distribution:

  • Provide the consent form to participants and donor contacts during the initial stages of the fundraising campaign.
  • Please make sure that both English and Spanish versions of the form are available, particularly in regions where Spanish is the preferred language.

Collection:

  • Please collect the signed consent forms and review them to ensure all required information is provided.
  • For paper forms, scan and digitize them to ensure that they are securely stored and easily accessible for future reference.

Confirmation:

  • Once the consent form is signed and collected, send a confirmation message to the participant or donor contact. This message should include a brief thank-you note and remind them that they can opt-out by replying "STOP."

Storage:

  • Store all consent forms securely, either digitally or as physical copies. Ensure they are easily accessible for audit purposes or to respond to any inquiries.
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