For those interested in learning more about SMS marketing, it is important to have a comprehensive understanding of the Telephone Consumer Protection Act to understand the role in plays in text message communication and using the voice and text for marketing purposes.
Although the Telephone Consumer Protection Act (TCPA) was first enacted in 1991, it has since changed and been updated to accommodate the rules surrounding newer mobile communication technology like SMS messaging and text marketing methods of advertising. In 2010, the courts around the United States began ruling that the TCPA would apply to SMS messages. The rules behind the new laws surrounding text marketing indicate a violation of the Telephone Consumer Protection Act in cases where the messages are sent to the consumers without their consent. In these cases where the SMS marketing messages are sent to individuals’ mobile phones without their consent, this represents a violation of the TCPA, which could result in legal repercussions for the marketer as well as for the SMS text message marketing provider.
The TCPA currently is the primary law in t he United States that governs the conduct of telephone solicitations. Now that marketing has made its way to mobile SMS messaging, the TCPA is holding its laws over that aspect of communication and solicitation as well. The Mobile Marketing Association is one part of the regulation over ensuring that the marketing companies that use text marketing as a way to notify their customers about sales, discounts, upcoming events and more are following the rules set forth by the Telephone Consumer Protection Act.
Telephone Consumer Protection Act and SMS Marketing:
Under the restrictions of the TCPA and SMS marketing rules, the marketer is restricted from sending marketing messages to unsolicited respondents. Essentially, businesses cannot send messages to mobile phone numbers unless the owner of that phone line has expressed their permission at receiving messages from that company.
Unfortunately it is common practice for businesses and marketers to purchase lists of phone numbers online on websites like eBay to send their messages out. These kinds of practices are illegal and can cause legal implications for the person or business sending out the text message as well as trouble for the text message marketing provider that is selling these text marketing plans.
There are several companies that are known for offering automated services that allow the marketing company to send out bulk text messages. While this practice is fine as long as the recipients of the messages have signed up or given at least oral consent to receive the messages. Otherwise, this kind of practice can cause legal consequences and can potentially get the business and the text marketing provider shut down for a period of time.
For those interested in using a text marketing service, it is important to make sure you understand the rules and guidelines set for text marketing campaigns to ensure you are meeting and abiding by the rules of this method of marketing and solicitation. Be sure and follow those rules to ensure a successful text marketing campaign. Failure to do so will likely get your account suspended by your text message marketing provider as well as risk you getting into legal trouble if enough of your unsolicited message receivers file complaints. This can do damage to your business and your credibility and reputation, which will ultimately hurt your profits and customer base.
If you have any questions about the details of the text marketing campaign you are using to advertise your business, be sure and check out the terms and conditions and read thoroughly to understand what the rules of text marketing entail to ensure you are meeting those guidelines set forth by the MMA and the TCPA for SMS marketing.