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What is the TCPA and Why Should Recruiters Care?
The TCPA prohibits the use of automated telephone dialing systems (ATDS) and artificial or prerecorded voices when making calls or sending text messages to consumers unless you have their express consent. For recruiting agencies, this means obtaining consent before sending text messages for client outreach, or to candidates for marketing purposes, job alerts, and so on.
Violating the TCPA can be expensive. Penalties range from $500 to $1,500 per violation, so a single text message campaign sent to thousands of recipients without proper consent could result in millions of dollars in fines. Additionally, non-compliant agencies risk damage to their reputation and potential blacklisting by mobile carriers and texting platforms if the FCC so chooses.
Key TCPA Requirements for Recruiters
Obtain and log consent before texting, provide clear opt-out mechanisms, and handle opt-out requests as promptly as you can.
Express Written Consent
The TCPA says you must obtain express written consent from individuals before sending them marketing text messages. This consent must be clear, unambiguous, and tied to a specific campaign or purpose. If you’re using a checkbox on a web form to collect the consent, it must be un-checked
