King of Prussia, PA – November 13, 2015 – The July 2015 Telephone Consumer Protection Act from the Federal Communications Commission clarifies what the new rules to the act will mean for Text Messaging Marketing systems.
Since the publication of the TCPA, telemarketing and text service industries have asked for clarification and grace periods in regards to written consent for the use of telemarketing through phone calls using a recorded voice or text messages. According to the July 2015 Order it is essential that a written consent is given to the provider by the consumer before they are able to market any kind of material to that consumer. This prevents any unwanted and unknown marketed products to flood a consumer’s phone.
Retail Industry Leaders Association (RILA), a Text Message Marketing provider for a number of big retailers, filed a petition to contend that their market does not object to the July 2015 Order. RILA made it clear that their services revolved around an on-demand message sent immediately after consumers text a keyword to a short code, therefore applying for that specific market. RILA also made it clear that their reply messages only provide information that the user is looking for; there is no material marketed in the text other than the information the customer is requesting.
The FCC agreed with RILA and made it clear that Text Message Marketing will be exempt from the July 2015 Order as long as messages are requested by customer, are one time only messages sent immediately after the keyword is received, and only market the information the customer is looking for. If the marketing system defies these rules, sends repeated messages after the initial message, or sends text messages that are not specifically requested by the consumer then that marketing provider is in violation of the July 2015 Order.