So I'm not sure what the laws are in Canada @JTPets , but in doing some research here in the US, here is the general summary;
Yes, when a customer texts a business to ask a question, this action implies consent to receive a reply via text message under the Telephone Consumer Protection Act (TCPA) because they initiated the conversation and granted implied consent for that specific, two-way discussion. This type of interaction is known as conversational messaging, and the consent applies only to the relevant topic of the initial inquiry.
Now, with that being said, it seems some US states have more strict laws, and I doubt that Square is tracking all those, so I guess they are probably defaulting to the most strict, which is probably "no, that does not imply consent" (which I would personally call b******t).
I do agree with you though, and think that if a customer initiates contact, they are giving you permission, otherwise, why would they ask you the question via text in the first place. I also think that most states/municipalities DO ALLOW this conversational messaging, assuming you follow the rules accordingly.
@isabelle I'm tagging you here to see if this is a topic that can be forwarded on to the powers to be at Square???
John Losito,
Sun Valley Lanes & Games
Just remember, things happen for a reason. When things might not be going your way, remember this...it could be a blessing in disguise. Stay positive.
Square Champion and Square Innovator
www.sunvalleylanes.com
