Our CEO Simon Vella has just had an article published on Mobile Marketing Watch about the implications of the TCPA for mobile marketing. Here's a quick summary of the full article - getting you up to speed on the most important things all mobile marketers should know about the legislation -
The TCPA - Telephone Consumer Protection Act of 1991 - can now be applied to text messaging. The FCC and several court judgments have taken the view that a ”call” can indeed include a text message, not just voice. In a recent case the District Court of Northern Illinois in Abbas v Selling Source upheld the TCPA’s application to text messages.
Violation of the act has resulted in severe financial penalty. In one of the largest payouts so far, US boots and clothing company Timberland and it’s ecommerce partners were forced to pay more than $7 million to settle a class action lawsuit brought against them for allegedly sending thousands of unsolicited SMS text messages to potential customers' cell phones.
The judgments illustrate that the courts require brands to be responsible for the marketing methods used by their marketers and service providers. Relying on a third party mobile provider to acquire consent may not be enough to justify escaping a large fine and bad publicity.
So what are the main rules you need to be aware of to be compliant with the TCPA?
- Commercial calls require prior express consent
- No calls before 8am or after 9 pm, local time
- The identity of the caller should be stated clearly
- You are required to maintain a "Do Not Call" (DNC) list, which must be honored for 10 years. Organisations also need to maintain policies and training for employees.
While not all of these telemarketer rules necessarily apply to text messaging, the courts seem willing to apply broad interpretations, so it may not be worth the risk by ignoring them.