![]() ![]() The document outlines exactly what a business must do to secure a legally binding offer of express written consent from consumers. The CTIA provides a Messaging Principles and Best Practices document to define and elaborate on many of the provisions set forth in the TCPA and CAN-SPAM Act. The CTIA is not a governing body, but it can discontinue and block the texting services of businesses that refuse to comply with its guidelines. The Cellular Telecommunications Industry Association (CTIA) is a national trade group that represents the wireless communications industry. Cellular Telecommunications Industry Association guidelines The FTC is permitted to write new text message marketing regulations within these guidelines, but the FCC remains the chief arbiter of SMS communication laws, through the TCPA. The CAN-SPAM Act was created in 2003, before the widespread adoption of text messaging, so it does not fully govern SMS communication. Informational messages that do not promote new business, such as those regarding the status of an already completed purchase, are a permissible exception they can be sent to customers without express written consent. It supplements the TCPA by extending the laws governing autodialers to all commercial entities. The Federal Trade Commission (FTC) published the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) to combat unsolicited email messages containing explicit or offensive content. No previous contact, verbal confirmations or purchase history can substitute for that express consent. Companies may not contact customers with commercial or marketing offers without obtaining prior express written consent. All text communications must allow consumers to opt out of the company’s subscriber list by directly replying to the text. Consumers can request that their phone number be placed on a do-not-contact list at any time. Communication must occur between the hours of 8 a.m. Commercial entities must identify themselves and clearly state their reason for contact. The TCPA places restrictions on robocalls, in which an automatic telephone dialing system (ATDS) calls or messages consumers without human intervention by selecting phone numbers from a digitally stored list. It emphasizes rights of privacy through the following measures: ![]() Passed by Congress in 1991 and governed by the Federal Communications Commission (FCC), the TCPA has been amended numerous times to target unsolicited text messages and phone calls. The Telephone Consumer Protection Act (TCPA) is the primary telemarketing law in the United States. Here are some of the laws you should be aware of: Telephone Consumer Protection Act These laws are updated continually to reflect technological advancements and evolving business practices. Several governing bodies have created regulations regarding telemarketing communications. What are the text message marketing laws? ![]() Even though you may not intend to break the law, some aspects of compliance may be easy to miss, and even a tiny oversight could cost your business millions of dollars and damage consumers’ trust in your company. Before you get started, however, it is critical to understand the laws surrounding this marketing method. This rapid rise has many businesses scrambling to incorporate text message marketing into their marketing strategies. Text message marketing, also known as SMS marketing, is becoming a poular marketing channel.
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