Mobile Marketing CAN-SPAM Chaos, Beware of TCPA Bite
Started to manage the number of mobile operators' marketing staff and asked if they were in compliance with the CAN-SPAM Act. Mobile marketing and consumer choice The assumption managed by the CAN-SPAM regulations is a big result because it enjoys a high profile and overlaps with e-mail and wireless operators' SMS services. However, the accidental "telephone consumer protection law" (TCPA) bite in 1991 has been worse than its bark.
In view of the phone's main marketing contact channel SMS enabled in 1991 when TCPA was not established, so many marketers think it is limited to ruling, it is not surprising that telephone marketing voice calls. Although Members of the Legislative Council were not aware of the news at that time, the FCC and several court rulings considered that "calls" could indeed include text messages, not just voices. There is no doubt that we will see future legal challenges, but now it seems that case law is becoming more and more clear, has a significant impact on mobile marketing staff.
The decision continues to 2005, but in the last month, applied to SMS. It relied heavily on what was considered more and more important, and last year the decision of the Federal Court of Appeals resumed Satterfield v. Simon & Schuster's $ 90 million in litigation. In this case, Ms. Satterfield registered a free ringtone and checked a checkbox that opted for marketing. After a while, Sawfield's youngest son, Simon & Schuster, received a text message at midnight, and Stephen King told him that the next call could be your last call. Sutterfield's case is also meaningful for the tripartite move to agree to the debate, indicating that the court for the unclear marketing staff will not be so friendly.
Now the court seems to have the responsibility to impose some fines on companies that ignore the breach of TCPA. To date, one of the US boots and apparel company Timberland and one of its e-commerce partners has been forced to pay more than $ 7 million to settle suit litigation against their purchases, allegedly sending thousands of unsolicited SMS messages Potential customer phone. Timberland denied any wrongdoing and accused his mobile marketing company of being given the option to join the agreed responsibility. Obviously, if you or a third party provider goes wrong, each violation (ie, each message) is as high as $ 1500, which may be an expensive sport.
Not all TCPA rules apply to text messages, but the court is willing to apply a wide range of explanations and may not be worth the risk of ignoring them.
Our mobile marketing blog has a longer version of the article, and we welcome your comments and debates.