Attentive Outside Subscriber List Certification
At Attentive we care deeply about compliance with SMS message and email requirements, including, without limitation, the Telephone Consumer Protection Act and its implementing rules and regulations, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission's Telemarketing Sales Rule, the CAN-SPAM act of 2003, the Personal Information Protection and Electronic Documents Act ("PIPEDA"), provincial privacy legislation, Canada's Anti-Spam Legislation ("CASL"), and all federal, state, provincial, local, and foreign equivalents; and all applicable industry guidelines and best practices, including, without limitation, the CTIA Short Code Monitoring Handbook and Messaging Principles and Best Practices ("Applicable Messaging Requirements"). Accordingly, you may upload a list of subscribers collected outside of Attentive (“Outside Subscriber List”) only if the Outside Subscriber List was collected in compliance with the Applicable Messaging Requirements. The specific Application Messaging Requirements applicable to your email or SMS program may differ depending on the jurisdiction in which you are operating.
Please be aware that, among other requirements, the TCPA, CASL, CTIA rules, and many foreign equivalents require prior express written consent from a consumer before you can send them marketing text messages and such consent must be unambiguous (i.e. the consumer must receive a clear and conspicuous legal disclosure). Furthermore, damages for each message sent in violation of the TCPA are $500 and can be $1500 if the violation is proven to be “willful and knowing.” Under CASL, the administrative monetary penalty for each violation is up to $10 million for businesses. There are also severe penalties for violations of the laws and regulations of other countries.
By submitting the form below, on behalf of the Company listed below and myself, I certify and agree to the following:
I have the authority to submit this Certification and all information submitted o this Certification is accurate.
Every subscriber on any Outside Subscriber List I have submitted for upload to Attentive was collected in compliance with Applicable Messaging Requirements
Any Outside Subscribers list that I have submitted excludes numbers and/or email addresses that have opted out/unsubscribed.
I understand Attentive cannot give advice on if an Outside Subscriber List was collected in compliance with Applicable Message Requirements. I have consulted my own legal counsel with respect to any Outside Subscriber List and Applicable Message Requirements.
I upload any Outside Subscriber List at my own risk.
