1.6.9 Texting

Effective 7/1/2023

Objective #

To provide guidelines for texting constituents in the execution of official UT Foundation business.

Applicability #

The University of Tennessee Foundation, Inc. (UTFI) texting policy applies to any UTFI-affiliated person who communicates to large groups of people in the University community via text messaging for an official UTFI purpose. This includes text messages sent from:

• A UTFI-owned device, account, or office.
• Text messages sent through third-party services on behalf of any unit of UTFI.
• Text messages from any authorized UTFI employee or agent acting in their official capacity.

This policy applies to any text messaging application or system purchased, administered, and/or created with UTFI resources that sends batch messages to 50 or more recipients.

No other texting system may use UTFI’s name, logos, name plates, icons, branding or any other UTFI indicia without written permission from the UTFI Senior Director of Communications.

It must be clear from the content of the message being sent that the message is from UTFI so that the recipients can see immediately from where it originated.

Opt-In Requirement #

In accordance with the Federal Communications Commission (FCC) and the Telephone Consumer Protection Act (TCPA), only those individuals who have opted in will receive text messages from UTFI:

In 2012, the FCC revised its regulations to require telemarketers to (1) no longer allow telemarketers to use an “established business relationship” to avoid getting consent from consumers, (2) obtain prior express written consent from consumers before making calls with an autodialer or that contain a message made with a prerecorded or artificial voice, and (3) require telemarketers to provide an automated, interactive opt-out mechanism during each of the type of calls mentioned above in “(2)” so that consumers can immediately tell the telemarketer to stop calling.

Emergency and Non-Emergency Situations #

In emergency situations, UTFI may lawfully send automated texts to wireless phone numbers without consent. An emergency situation is one that potentially affects the health and safety of UTFI staff and constituents.

UTFI may send non-emergency messages that are closely related to UTFI’s mission if the recipient has previously given express consent. UTFI non-emergency text messages must, at a minimum, comply with the following:

• Be only sent to those individuals who have opted in.
• Comply with applicable laws and regulations to reduce institutional risk.
• Follow best practices outlined by professional organizations.
• Allow subscribers to opt out of receiving non-emergency messages at any time.
• Communicate that standard data and text messaging rates may apply.

Each mass text message should include information on how to opt out of future text communications.

Mass text messaging must not be used to communicate:

• Personal matters, e.g., items for sale, farewell messages, etc.;
• Advertising or other commercial purposes; or
• Personal or confidential information, including, but not limited to, Social Security numbers, passwords, financial information, or grades.

Types of Messaging #

The types of text messages that can be sent to UTFI constituents include:

• Giving requests: Giving Day information, initiative-specific gifts, stewardship, cultivation, etc.
• Donor recognition: Acknowledge past donations, share how gifts support the institution, special initiatives, etc.
• Constituent engagement: Networking events, regional events, homecoming celebrations, volunteer management, mentoring students, bio demo collection efforts, etc.

Implementation and Communication #

Each unit that uses text communications must disseminate this Policy and the procedures/parameters set forth by UTFI to its staff who will be sending text messages.

Texts messages/responses received from Constituents should be responded to within 72 hours.

System Administrators are responsible for configuring their platforms to comply with this Policy.

System Administrators must maintain an up-to-date list of those individuals who have opted out of receiving non-emergency text messages.

System Administrators must develop a method for saving text messages and responses as necessary to comply with applicable document retention requirements.

Privacy #

The UT Foundation, in accordance with its Privacy Statement, is empowered to collect, store, use and share (with authorized users and third-party vendors) personal data, including mobile phone numbers. As stewards of that data, UTFI is committed to protecting the privacy of UT students, faculty, staff, donors and friends, and to honoring their individual communication preferences.

This policy is designed to honor UTFI’s commitment to privacy, in adherence to applicable state and federal law, while maximizing efficiency and effectiveness in communicating with constituents about important matters relating to UTFI’s mission.