Why you need to follow this guide
Helping you build a compliant text marketing program is our highest priority at Cartloop. We've created this guide to ensure you're legally collecting customer phone numbers. Legally meaning that the customer has given you an explicit "Prior Written Consent" to be messaged.
Optimizing your website for compliance it's, essentially, a one-time process split into 3 items:
Following the steps detailed in this article is mandatory, as it will ensure you are messaging customers compliantly. Failure to follow all the steps gives Cartloop the right to pause your subscription until all steps have been taken.
With that out of the way, let's start optimizing your website!
How to collect consent
Cartloop enables different ways for merchants to legally collect prior written consent:
Opt in through the website's Checkout Page — this is the most popular form, as customers can opt in while placing an order by indicating they accept marketing.
Opt in through Subscription Forms — this refers to on-site popups, modals and other similar forms.
Opt in through Live Message Support — this refers to the scenario when a phone number sends a text message at one of the dedicated phone numbers you acquired from Cartloop.
Opt in through Keywords — this means people can subscribe by texting a unique keyword at a designated phone number.
Few things to keep in mind:
All agreement forms must clearly be visible to customers prior to giving their consent.
1. From the Shopify admin panel go to Settings → Legal
SMS/MMS TEXT MESSAGE MARKETING PROGRAM
Your privacy is extremely important to us. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies (carriers), and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
California Civil Code Section 1798.83 and The General Data Protection Regulation 2016/679 (GDPR) allows Users of the Program that are California or European Union residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes.
Contact us at the following address to make a request:
<INSERT YOUR COMPANY NAME>
<INSERT YOUR COMPANY ADDRESS>
<INSERT YOUR COMPANY EMAIL ADDRESS>
II. Updating the Terms of Service
To update your Terms of Service, in your Shopify admin go to Settings → Legal and scroll down to the Terms of Service section inside of your Shopify store setting section. If you don’t have a Terms of Service yet, click on Create from template.
Below is an agreement model that you can use for your store.
Disclaimer: We make no representation and warranty regarding their accuracy and no attorney-client relationship is created by providing these agreements. We encourage you to consult your own legal counsel familiar with the TCPA before finalizing and posting your consumer agreements.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP or CANCEL to any mobile text message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt-out texting other words or verbally requesting one of our team members to remove your from our list is not accounted as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not a condition to purchase. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
For any questions text "HELP" to the number you received the messages from. You can also contact us for more information about the Program.
We recommend updating your Messaging Terms and Conditions to include the Florida-specific paragraph below. This can be included immediately prior to the “Miscellaneous” section heading.
[Insert to be included immediately prior to the “Miscellaneous” section in existing Messaging Terms and Conditions.]
Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Hit Save at the top of the page and your Terms of Service have now been updated.
3. Updating the Shopify checkout page
2. In the Form options section under Shipping address phone number select 'Optional'.
Note: you can also select Required if you are requiring phone numbers (e.g. for delivery address confirmation or delivery notifications).
3. Scroll to Checkout language section and click on Manage checkout language.
4. Use CMD+F (or CTRL+F) shortcut to find the 'Checkout marketing' section. Under 'Accept marketing checkbox label' copy and paste the following text:
Sign up for order updates and exclusive offers via text messages & email
5. Search for the 'Phone label' on the same page. Under both 'Phone label' and 'Optional phone label' copy and paste:
Phone for support, offers and updates from the team
Note: If the 'Continue to shipping' button text is different for you, edit [Continue to shipping] to match the text on the button associated with the call-to-action.
7. Save the changes by clicking the Save button.
Congrats! 🤓 Your checkout page is now compliant and should look like this:
Under TCPA, merchants are required to honor all opt out requests.
Cartloop automatically unsubscribes all customers who reply to text messages with “STOP” or "UNSUBSCRIBE". You can also unsubscribe customers manually through the customer profile section, by looking up the phone number or customer name in the Cartloop platform.
When a customer changes their mind and wishes to opt back in to receive text marketing again, they can respond to any of your text messages with “START” or "UNSTOP".
Still got questions about TCPA/CTIA or need help making these changes? Contact us and we'll guide you through.