I know there’s been a lot of buzz around the new Texas regulations that go into effect on Sept 1. But it’s very hard to find concrete information, other than the sparse wording of the bill itself, and people’s speculations. Even if I were to consult legal advice, that’s only one lawyer’s interpretation, and the State Of Texas may disagree. So my head is swimming.
I will likely NOT register with Texas, as that requires a $10,000 deposit (or surety bond), and I feel like unscrupulous people will use this new law to report perceived violations left and right. Then I’ll have to lawyer-up and defend myself, or pay the fines and lose my $10,000 deposit.
But here’s my specific question: Does the law apply to profiles who have FULLY consented to receive texts (by double opting in, and by being able to unsubscribe with STOP at any time)? The problem is, the law text doesn’t define “customer”. The language of the law seems to heavily lean towards “cold calling/texting”, auto-dialers, 3rd party leads lists etc.
But I ONLY send texts to those who have either purchased (making them a current customer, and therefore excluded from this law), or to those who haven’t purchased yet, but DID willfully consent to receiving SMS.
Just want to point out, Attentive (another email/SMS platform for businesses) addressed this, saying that if a customer consents with their standard consent procedures, they are EXEMPT from the law, and you can send these people SMS without issues from Texas. This is what I’m hoping is true for Klaviyo.
Disclaimer: This is just my own interpretation, please do your own research before making legal decisions.
