Required SMS Text Opt-In Compliance Language for 1-800 Notify - Messaging Use Policy

Effective May 15, 2022, all Toll-Free Messaging (SMS Texts) phone numbers used need to be verified for specific uses by the phone carriers to greatly reduce the risk of messages being filtered (or denied delivery) by all the major networks in the US and Canada.

Toll Free Verification includes the following rules:

Your Responsibility as a Client of 1-800 Notify

  • Proper Consent ( “opt-in”) - Your responsibility as a Client of 1-800 Notify
  • Messaging Usage - Your responsibility as a Client of 1-800 Notify.  (We disallow any usage that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public.  We also prohibit sending text messages related to alcohol, firearms, gambling, tobacco or other adult content.)

Responsibility / Enforced by 1-800 Notify:

  • Removal of Consent (“opt-out”) - handled by 1-800 Notify
  • Sender Identification - handled by 1-800 Notify (each Text identifies the sender)
  • Filtering Evasion - handled by 1-800 Notify (we do not allow text content that might required to be filtered by age for the sender- we prohibit texts related to alcohol, firearms, gambling, tobacco or other adult content)
  • Enforcement - handled by 1-800 Notify - we would work with any violator in good faith to get them back into compliance with policy.  However, if the customer is not complying with this Message Use Policy, 1-800 Notify reserves the right to deny the customer access to the 1-800 Notify portal and service.

Consent Implied from a Prior Relationship (applies to Appointment Reminders, Office Closures - related to scheduling, Receipts, One-time Passwords):

Technically, these types of uses (appointment reminders, any communication related to scheduling or office closures, receipts, one-time passwords) do not need a written opt-in language, however it is preferable if you do obtain written opt-in using the language described below.

You may send messages to individuals with whom you have a prior relationship, provided that person has given their mobile phone number to you and has taken some action to trigger this communication (e.g. set up an appointment, purchased an item, requested a password reset). 

Additionally, you must support the request by this person if they choose to opt-out of receiving text messages from your organization - typically by replying "STOP" to any text they receive.  NOTE: 1-800 Notify supports the replying of "STOP" to opt-out of any text message sent from their platform.

Consent for Other Types of Messages: (Billing Reminders, Text to Pay)

These types of messages require that your organization obtains written consent to receive such messages.  It is required that you include the language below (or similar consent language) on your written or electronic forms that are distributed to all patients, members, customers of your organization that may receive text messages. 

OPT-IN CONSENT LANGUAGE RECOMMENDED FOR SMS TEXT MESSAGES:

I consent to receive text message communications to the mobile phone number provided here __________________.  I understand that I may be charged message and data rates by my wireless carrier.  Such messages may be generated by an automated messaging system and may include the following types of messages - appointment/scheduling, billing/financial matters, or other notices (office closure notices, client surveys, or other important information), I may opt-out of this service by replying STOP to any message I receive.

 

CONSENT FOR AUTOMATED TELEPHONE CALLS FOR FINANCIAL MATTERS:

While the above article covers SMS Text Messaging, if your organization plans to send out automated phone calls related to financial matters (example: billing reminder calls, balance due reminder calls), then you also are required to add language to comply with federal regulations around such automated calls. Please add this language to your communication consent forms (paper or electronic).

Note sending voice calls for the following topics do not require written consent, but a prior relationship and an action taken by the customer/patient: appointment reminders, any communication related to scheduling or office closures.

RECOMMENDED AUTOMATED VOICE CALL OPT-IN CONSENT LANGUAGE:

I consent to receive voice communications to this phone number provided here __________________.  This phone number is a [  ] mobile phone / [  ] landline phone.  Such phone calls may be generated by an automated phone dialing system and may include the following types of messages - appointment/scheduling, billing/financial matters, or other notices (office closure notices, client surveys, or other important information), I may opt-out of these calls by request to the office or organization.

 

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