What are the Text Message Marketing laws?

With the growing need to incorporate text message marketing into every business’s marketing plans, it is important to understand how the text message laws and regulations have changed in recent years and will potentially impact your ability to use text messaging as a way to market your business.  Please note that laws and regulations can change over time, and it’s important to consult with legal experts or authoritative sources to get the most up-to-date and accurate information.

Telephone Consumer Protection Act (TCPA): The Telephone Consumer Protection Act (TCPA) is a federal law that regulates various forms of telemarketing, including text message marketing. Under the TCPA, businesses are required to obtain explicit prior written consent from recipients before sending commercial text messages to them for marketing purposes. Consent must be clear and unambiguous.

Key points related to text message marketing under the TCPA include:

1.  Prior Written Consent

Businesses must have prior written consent from recipients to send commercial text messages. This consent cannot be a condition of purchasing a product or service.

2. Opt-Out Mechanism

Messages must include an easy and clear way for recipients to opt out of receiving further messages. Once a recipient opts out, businesses must honor their request and stop sending messages.

3. Time Restrictions

Commercial text messages are generally prohibited between 9 p.m. and 8 a.m. local time at the recipient’s location.

4. Content Requirements

Messages must clearly identify the sender and provide information about how to opt out. Deceptive practices and false/misleading information are prohibited.

5. Liability

Businesses can be held liable for violations of the TCPA, including fines and potential legal action by recipients.

6. Litigation and Class Actions

TCPA violations can lead to lawsuits, and class-action lawsuits have been filed against businesses for alleged violations.

It’s important to note that some exceptions and exemptions may apply under the TCPA, such as messages sent for informational purposes or messages sent with prior established business relationships.

Additionally, the Federal Communications Commission (FCC) and courts have issued interpretations and rulings that further clarify the application of the TCPA to text message marketing.

Remember that this information might have changed since my last update, so it’s recommended to consult legal counsel or reliable sources to get the latest information on text message marketing laws and regulations, especially if you are planning to engage in text message marketing campaigns.

For more information on how to market your business with text messaging and how to create a solid franchise marketing campaign:  

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