This week, October 16, 2013, marks the implementation of a revised TCPA policy. The Telephone Consumer Protection Act now extends well beyond original guidance for telemarketing to encompass text messages. There is no single interpretation of the new policy meaning the new TCPA landscape is fraught with uncertainty and risk. We strongly recommend that you consult with your own legal counsel on how the new TCPA policy impacts the way you communicate by text with your customers.
PUSH Mobile Marketing, Inc. has taken strenuous strides to educate our own customers as to MMA and CTIA standards for subscribers to opt into a program. Continued adherence to these standards remains a critical factor in meeting the new TCPA policy.
There is significant legal risk for failure to properly opt in phone numbers to a list. The new TCPA policy permits damage recoveries ranging between $500 – $1,500 per text sent to individuals who have not properly consented to receive such messages or who received messages they did not anticipate.
You may find the following materials helpful. This information is provided for informational purposes only and is not intended to constitute legal advice or to fully outline all details of the new TCPA policy. Rather, we again, suggest that you consult your own legal counsel regarding the new TCPA policy. You remain responsible for assessing your own requirements and risks as it relates to your business. Please click on the links below:
1. PUSH Mobile Marketing SMS Promotion Guidelines: requirements of our customers
The items below were recently issued by CTIA for reference purposes and are provided simply as additional reference material.
3. CTIA Email update
4. Morrison & Foerster
5. TCPA_KleinMoynihanTurco_
6. TCPA Mofo 2013
Please contact me or your account manager with any questions.
Regards,
______________
Micah J. Gaudio
Text Micah to 25399 for Vcard
SMS | Apps | Social | Loyalty
C: (540) 425-0279
O: (888) 308-7110
4026 Wards Rd. Unit G1, Suite 113
Lynchburg, VA 24502
www.PushMM.com
