You will likely have and be asked many valid questions about how your organization could be impacted by the TCPA and the features SchoolMessenger has built in to Communicate. Here you will find many of the most common questions asked by school officials, as well as those asked by parents and guardians. These questions and answers are found below, but you can also download these as documents for distribution as you begin to institute your own policies and procedures.
FAQ's for school officials: School_Consent_Mgmt_FAQ.pdf
FAQ's for parents and guardians: Parent_Comm_Consent_FAQ.pdf
Editable FAQ's for parents and guardians: Parent_Comm_Consent_FAQ_EDITABLE.doc
Why is parent or guardian consent for school communications more important now?
While it’s always been a good idea to get parent or guardian okay for the preferred method of reaching them with school communications, recent clarifications by the Federal Communications Commission (FCC) to the Telephone Consumer Protection Act (TCPA) have emphasized there are legal reasons, too.
Specifically for telephone calls and SMS text messages, prior express consent is required from the called party if the school’s call is made using automated dialing systems to any telephone number assigned to a mobile phone. The only general exemption is when calls are made for “emergency purposes” – that is, a call or text made in a situation affecting the health and safety of consumers.
Keep in mind TCPA only covers automated telephone calls and SMS text messages. Any laws or regulations regarding email or other communications have not changed as a result of the TCPA ruling.
What are the requirements for telephone or SMS text message consent?
Consent – ideally in writing, whether it’s on paper or provided digitally – is tied to an individual phone number a person uses. So for SMS text messages, for example, requiring someone to opt in by texting “YES” may be considered express consent. For automated voice calls, express consent for specific phone numbers could be granted on a paper form a parent or guardian returns at the start of the school year, through an emailed form with a digital signature, or in some other manner.
Recipients also have to be able to revoke consent, or opt out, at any time from SMS text messages or automated phone calls, and those numbers must be blocked by the school.
How can SchoolMessenger products help us improve TCPA compliance?
There are three types of consent management tools for the SchoolMessenger Communicate notification service (some tied to the free SchoolMessenger web and mobile app for recipients), providing a multi-point strategy. They include tools for capturing initial consent, managing opt outs and contact information as recipients update information, and behind-the-scenes monitoring of potentially reassigned phone numbers on an ongoing basis.
What tools are available to capture consent?
It depends on whether the consent is for SMS text messaging or voice calls. SchoolMessenger Communicate has long had automated SMS text message opt in capability. For voice calls, there are email templates schools can use to inform parents about consent tools, the SchoolMessenger web app for parents to provide consent and adjust contact numbers, and areas within the Communicate interface for schools to record consent (such as in the Contact Info tab).
What if a parent changes his or her mind, or contact information?
Different interactive preference tools support both SMS text messages and voice calls. For SMS text messages, there is a text-message based opt out. For voice calls, there is fine-grained touch-tone opt out – even for specific categories of messages – that is signaled by parents pressing certain phone keypad numbers during a received call, captured in a block report. And both SMS text message and voice call preferences (along with email and app push notifications) can be set in the free SchoolMessenger web app, which allows parents to adjust contact methods and details. Overall, recipients have greater control over if, why, and where they’re contacted.
Can our schools and parents use the free SchoolMessenger app?
Yes. The SchoolMessenger App gives parents access to school notifications of all types (text message, voice, email) on either a web app or a mobile app for Apple’s iOS and Android devices.
How can we know if a phone number has issues, or has been reassigned to someone else?
Communicate does pro-active, behind-the-scenes monitoring and automatically revokes consent for numbers at a higher risk of having been re-assigned or ported to a new owner (such as those with frequent disconnects) for which consent may no longer be valid. This new carrier data integration feature, using innovative Consent Lapse Intelligence (CLI), provides an additional layer of protection.
How does Communicate combine all of these approaches to help improve TCPA compliance?
While each set of tools can be used individually, Communicate includes a unique Compliance Mode that intelligently combines and leverages various consent inputs for voice calls. Compliance Mode can be toggled on or off at the district level for all voice phone notifications to parents. When toggled on, Compliance Mode only initiates phone broadcasts to numbers for which consent is on file if the notification is not flagged as an “emergency” broadcast type. One approach may be for a district to undertake a campaign to build a good base of consent records, then contact us to activate Compliance Mode to have peace of mind that it is no longer calling parents or guardians for whom it cannot verify consent.
Can Compliance Mode be turned off?
Yes. A district may have reasons to not use Compliance Mode based on their other record keeping procedures, policies, or processes. Schools can continue using Communicate as they do now.
Do the tools in SchoolMessenger products ensure TCPA compliance?
No. Compliance is as much about school practices – how a school uses the tool – as it is the tool itself. However, our tools are designed to streamline coming into, and maintaining, compliance.
Who should I contact if I have more questions?
If you have any questions regarding the above, please contact support.
SchoolMessenger Solutions Support
800-920-3897
support@schoolmessenger.com
Why is my school asking me to okay receiving telephone calls or text messages?
Under a federal law originally designed to protect consumers from telemarketers, we have to get your permission to send non-emergency messages to a mobile phone by voice call or SMS text. It’s also just a good idea, so that we’re sure the message is going to the right phone number for the right person. This permission only is needed for automated voice calls and texts. Permission isn’t necessary for other calls from the school, like you might get directly from a teacher, principal, or other staff member.
I’ve never been asked about phone calls before. Is this new?
It’s not completely new. But the rules were recently updated to make it clear that we need the recipient’s okay to send non-emergency automated phone notifications, as well as SMS text messages, to a mobile phone number. It’s important in complying with the law that contact information is current.
What if there’s an emergency?
In an emergency, we'll call or text you as long as we have your contact information on file. The law has an exception for calls made for “emergency purposes,” which is usually a situation affecting the health and safety of consumers.
What if I change my mind about phone calls, or change my mobile number?
You can opt out of non-emergency calls and text messages at any time. For voice calls, we’ll provide instructions on how to use touch tones on your phone keypad to stop receiving certain kinds of calls. For text messages, you can stop receiving them by texting “UNSUBSCRIBE” or “STOP” after receiving a text from us.
Can I be contacted in other ways, too?
Yes. We can contact you, if you’d like, by email. Email is covered by a different set of rules than the permission that is required for automated voice calls and text messages to mobile phones.
My school says it uses the SchoolMessenger App. What is it?
The SchoolMessenger App is a free web and mobile app that gives you access to school notifications of all types (text messages, voice, email) inside a single inbox. You can also change your contact preferences and adjust contact numbers in the web app, available from any Internet-enabled device.
How do I sign up for the SchoolMessenger App and provide permission?
The easiest way is to visit the SchoolMessenger App website at go.schoolmessenger.com. Create an account by clicking “Sign Up” on the top right menu, using the email address that you have provided to the school. Then you can choose how you want to be contacted based on the category of message (from emergencies to school activities) and provide contact permission. You will also be able to listen to and read messages from the school for the previous 30 days so you don’t miss a thing, including alerts, notifications and attachments. You can also sign back in to change your preferences at any time.
What if I want to use the SchoolMessenger mobile app?
You will find the SchoolMessenger app in the Apple App Store or Google Play Apps. Click the “Sign Up” button, enter your email address, create a password, and select your location. An email will be sent to that address with a link. Tap on the link in the email to verify your account.
If you receive an “already claimed by another user account” error message that means you’ve already created a SchoolMessenger account via another SchoolMessenger product, such as Contact Manager (which is being replaced by the SchoolMessenger App). Simply the “Forgot your password” link and follow the prompts. By doing this, you will move yout email address' association from Contact Manager to the SchoolMessenger App.
Will the SchoolMessenger mobile App notify me if there is new information?
You can opt in to receiving Device (or push) Notifications under Notification Preferences. When you choose to receive Device Notifications, a badge or alert will appear when new communications are available in your SchoolMessenger App inbox.
How private is the information in the SchoolMessenger App?
SchoolMessenger is one of more than 200 organizations that has signed the Student Privacy Pledge (www.studentprivacypledge.org). The Pledge spells out a dozen commitments related to the protection and responsible use of student data. You can rest assured that your student’s information is secure and will never be sold, rented, or shared. Signatories to this pledge can be held legally responsible for actions or practices that do not conform to it.
Who should I contact if I have more questions?
Parents and guardians should contact their school's offices if they need any more information.
Important: Nothing in
this FAQ or any other TCPA-related materials provided by SchoolMessenger
is intended to provide legal advice. We encourage you to consult with
your legal counsel to best understand your organization’s risk and options
under the law.
Jump to the next topic: Additional TCPA Documentation and Resources
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