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Compliant vs Non Compliant Text Message Marketing Campaigns

11/14/2012 at 04:04:23 PM

text message marketing lawsAs regular readers know, text message is a young marketing channel that is growing quickly, as smartphone market share increases worldwide and consumers become not only more attached to their phones, but more open to communicating with brands via text message.

Marketers need to remember, however that, they are sending messages to their customers' pockets – it's an intimate form of communication that is tightly regulated and, as we've seen, strictly enforced.

Here's an example of text message marketing done right:


The NFL team Carolina Panthers' recently launched a text marketing campaign and, enjoying much success.

Like any business experimenting with text message marketing, the Panthers' marketing department aims to drive one-to-one communication with this channel and figure out who their fans are and how to interact with them.

Of course, our readers know that federal marketing privacy regulations require that only those consumers who have explicitly opted-in to text message marketing messages receive those messages.

Our readers also know that the most successful text message marketing cmapaigns are those that adhere to customers' stated contact preferences. That's where NFL team Buffalo Bills' text message marketing campaign has been less successful:

MediaPost reported yesterday that Florida resident Jerry Wojcik is suing the Bills for sending him "excessive" text messages. Wojcik opted-in to receive the messages – according to the terms of the campaign, he expected between three and five per week – but in fact received six and seven text messages per week in the weeks after he signed up.

NFL teams text message marketing campaignsWojcik argues the excessive text messages violate the FCC's Telephone Consumer Protection Act (TCPA), which provides for up to $1,500 in damages per violation.

MediaPost reported that the Bills appear to have technically violated the TCPA, but "if there was ever a case to challenge the statutory damages, this would be it...if you're willing to receive five messages, there's no clear privacy violation from the sixth."

At the very least, by not adhering to their consumers' stated contact preferences, the Bills will have many dissatisfied customers on their hands.

And here's another example of text message marketing violating the TCPA:


Last month, a Florida court considered a case of unsolicited commercial text messages sent by an adult nightclub owner to consumers in the case of Buslepp v. B&B Entertainment, LLC. The plaintiff argued he had not only never provided his cell phone number to the nightclub, nor provided prior express consent to receive text marketing messages, but he never even attended the nightclub. The court ruled the messages were in violation of the TCPA .

Text message marketing is a growing communication channel, but the legal landscape surrounding it is complicated and constantly evolving.

One way to take advantage of the opportunity while staying compliant with the TCPA and other marketing privacy regulations is to use a centralized contact governance system like Gryphon's Core, that automatically ensures compliance of all outbound and inbound consumer communications for all marketing channels, protecting your business from violations, fines, and bad press.
Tagged: Text Message Marketing, Telephone Consumer Protection Act

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15 Jan 2013

Exemptions to Canada Anti-Spam Law Email Marketing Regulations

  • Last Updated December 11, 2013 at 4PM
How can a marketer targeting US consumers stay compliant when purchasing email lists if there is no way to be sure an email placed inadvertently on that list doesn’t belong to a Canadian consumer? Read More
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11 Jan 2013

Does the Canadian Ant-Spam Law Apply to B2B Marketing Communications?

  • Last Updated December 16, 2013 at 10PM
The short answer is yes, the Canadian Anti-Spam Law applies to all electronic marketing communications originating in Canada or sent to Canadians. Read More
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08 Jan 2013

Alert: Industry Canada Issues Revised CASL Regulations

  • Last Updated January 08, 2013 at 4PM
This past weekend Industry Canada published a revised set of proposed regulations under the legislation widely referred to as the Canadian Anti-Spam Law (CASL).  Read More
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29 Dec 2012

Largest Do Not Call Violations and Fines of 2012

  • By Meghan Williams
  • Last Updated July 07, 2014 at 6PM
There's no doubt about it: regulators are ramping up Do Not Call enforcement, and non-compliant outbound telemarketers are paying a lot of money for violations. In 2012, we saw three multi-million dollar fines, including the largest fine ever for TCPA violations. Read More
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14 Nov 2012

Compliant vs Non Compliant Text Message Marketing Campaigns

  • Last Updated June 04, 2014 at 3PM
Last month, a Florida court considered a case of unsolicited commercial text messages sent by an adult nightclub owner to consumers in the case of Buslepp v. B&B Entertainment, LLC. The plaintiff argued he had not only never provided his cell phone number to the nightclub, nor provided prior express consent to receive text marketing messages, but he never even attended the nightclub. The court ruled the messages were in violation of the TCPA. Read More
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04 Oct 2012

3 Unexpected Ways Call Recording Can Improve Field Sales Productivity

  • Last Updated December 17, 2013 at 3PM
There are plenty of ways any call recording system can improve sales productivity as well as training and quality-assurance programs – not to mention the ways it can strengthen compliance with complicated marketing privacy laws – but cloud-based call recording can have unexpected benefits as well. Read More
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09 Jul 2012

Research shows broker dealers still rely on manual marketing privacy compliance processes

  • By Meghan Williams
  • Last Updated July 07, 2014 at 8PM
If you're still using the old "eyes-on" review process for ensuring compliance with marketing privacy regulations, you're not alone, but you are paying unnecessary costs. And you're making it harder for your business to keep up with new regulations. Read More
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10 Mar 2011

Canada Enacts Opt-In Email Spam Law

  • Last Updated March 10, 2011 at 4PM
Canada has enacted a new federal law to regulate commercial email and other wireless and internet communications, including telephonic messaging (text/SMS/MMS) and IM. Read More
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