Is SMS marketing illegal?

[carnachpace]

In order to protect consumers from receiving a barrage of unsolicited text messages, SMS marketing is regulated under US law. ... The two primary laws they enforce are the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. In order to protect consumers from receiving a barrage of unsolicited text messages, SMS marketing is regulated under US law. Subsequently, marketers are obligated to follow certain codes of practice otherwise you will face hefty penalties.
The legal requirements for conducting SMS marketing are governed by the Federal Communications Commission (FCC). The two primary laws they enforce are the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.

[jordanemu]

Businesses that do not observe the statutory rights of US consumers could face fines of $500 up to $1500 per unsolicited text message.In addition to the FCC, there are two other regulatory bodies; the Cellular Telecommunications Industry Association (CTIA) and the Mobile Marketing Association (MMA). Neither the CTIA nor MMA are government bodies. Therefore, they do not have any power to enforce fines or legal requirements, but they do help the FCC to monitor marketing violations and ensure Messaging Principles and Best Practices are adhered to.

[donaldrsimonn]

Businesses that do not observe the statutory rights of US consumers could face fines of $500 up to $1500 per unsolicited text message.In addition to the FCC, there are two other regulatory bodies; the Cellular Telecommunications Industry Association (CTIA) and the Mobile Marketing Association (MMA). Neither the CTIA nor MMA are government bodies. Therefore, they do not have any power to enforce fines or legal requirements, but they do help the FCC to monitor marketing violations and ensure Messaging Principles and Best Practices are adhered to.

The CTIA are the conglomerate of wireless carriers that provide the networks that make SMS messaging possible. They have the power to cut off SMS services to businesses that are deemed to have violated either the TCPA or CAN-SPAM. Whilst the MMA does not have any legal or controlling powers, they are on hand to help businesses adhere to best practices. Click here to learn more about what you can and cannot do in SMS marketing. The TCPA was originally passed in 1991 as a response to consumer complaints over telemarketing. Regulations provided by the legislation restrict businesses contacting consumers without prior consent.

[foyerscraper]

Guidelines presented in the legislation restrict the use of devices and practices including automated telephone equipment, pre-recorded messages, artificial messages (robocalls), auto-dialing systems and text messaging.In October 2013, the TCPA was updated to include SMS text marketing. The key stipulation was that businesses were obligated to ask consumers for permission to send commercial text messages. Furthermore, the request for consent cannot be unambiguous. Consumers must be given clear and concise notice of what they are agreeing to, and conspicuous disclosure of the type of messages they will receive from you.

[carnachpace]

Guidelines presented in the legislation restrict the use of devices and practices including automated telephone equipment, pre-recorded messages, artificial messages (robocalls), auto-dialing systems and text messaging.In October 2013, the TCPA was updated to include SMS text marketing. The key stipulation was that businesses were obligated to ask consumers for permission to send commercial text messages. Furthermore, the request for consent cannot be unambiguous. Consumers must be given clear and concise notice of what they are agreeing to, and conspicuous disclosure of the type of messages they will receive from you.

For example, it is not permitted to request the phone number from an internet user visiting your website then send them SMS marketing messages promoting products or services.It should be noted that consent for text messaging must also be given in writing, or by directly replying to a text message asking if they want to be included on your contact list and receive promotional offers via text message.Best practices suggest consumers should be invited to receive commercial text messages and presented with a short code that confirms they want to opt-in. Customers that respond give you permission to contact them.

[jordanemu]

The CAN-SPAM Act was initially introduced as a supplement of the regulations outlined in the TCPA. The intention of the legislation is to control unsolicited marketing messages (spam) and pornography sent via email.Emails sent to smartphones are included under the legislation.The CAN-SPAM Act defines unsolicited email messages as primarily advertising or promoting a product or services.Messages sent to consumers after a transaction has already taken place are not included in the act providing the content is relevant to the purchase; e.g. warranty, confirmation of delivery date, appointment reminder.

[jonsmaradona]

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