Helping Clients Leverage The Potential Of Text Messaging
While Accounting For & Minimizing Legal Risk
Businesses and organizations of all types and sizes increasingly utilize text messaging to meet various goals. From Fortune 500s and large political campaigns to startups and healthcare providers, text messaging’s unique effectiveness in the marketing context and for other communication purposes is unparalleled in many respects. It is, therefore, seeing marked upticks in adoption. To illustrate the incredible effectiveness of properly executed text messaging, Crazy Egg cites research showing open rates as high as 98% for text message marketing. With so much potential, it is no wonder that marketers are increasingly incorporating text messaging campaigns into their broader marketing stacks.
Unsurprisingly, though, and as is often the case, tools and strategies with great potential bring accompanying legal risks. When it comes to texting, risk comes from a variety of vectors, including the following laws:
- Federal laws like the Telephone Consumer Protection Act (TCPA)
- State laws such as the Florida Telephone Solicitation Act (FTSA) and Washington state’s Commercial Electronic Mail Act (CEMA)
Compliance considerations are critical to ensure before embarking upon text message marketing. Accentuating the essential need for accounting for relevant regulatory frameworks and associated legal considerations in this area concerns the rampant litigation, particularly on the part of “serial litigants,” and the potential for enormous settlements such as the one against Clover for text messages sent that were allegedly in violation of the TCPA. The TCPA and related laws are constantly being litigated, with higher concentrations of TCPA lawsuits among specific states. The laws are subject to updated precedent and regulatory guidance, including a recent TCPA case that made its way to the Supreme Court.
As text message marketing lawyers with a unique focus on the crossover of privacy, marketing, and technology laws, at RICHT, we understand the importance of valuable tools and strategies such as text messaging for businesses and organizations of all types and sizes. Further, we stay at the cutting edge of technology, such as how AI intersects with the TCPA and similar laws. Whether it be analyzing scenarios for compliance, drafting text messaging terms, including as they relate to consent and “quiet hours,” or providing a strategy to navigate litigation successfully, we aim to allow our clients to see success from text messaging while minimizing legal risk.
TCPA Text Message Marketing Law Services We Offer
Text Messaging Compliance Review
Text Messaging Terms
TCPA & State Law Litigation & Strategy
New FCC Rule on Lead Generation Expected to Spur Wave of Lawsuits
The Federal Communications Commission on Wednesday is set to vote on a rule that attorneys say could dramatically increase the potential for lawsuits against lenders, insurers and law firms over unwanted texts and calls. The new rule would put stringent new restrictions on so-called lead generators — businesses that collect contact information provided by consumers and sell it to companies looking for new customers.
FCC to Launch Inquiry on AI's Impact on Robocalls and Robotexts
The Federal Communications Commission (FCC) Chairwoman announced that they intend to propose a Notice of Inquiry to better understand how artificial intelligence (AI) impacts illegal and unwanted robocalls and texts.
U.S. Supreme Court Backs Facebook In Case About Unwanted Texting
The U.S. Supreme Court on Thursday made it easier for businesses to pester consumers with phone calls or text messages by tossing out a lawsuit accusing Facebook Inc of violating a federal anti-robocall law.
