Mobile Marketing Industry to Face Stricter Regulations

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New rules to the Telephone Consumer Protection Act will provide "challenges" to the industry, according to an analysis by mobile marketing consulting firm Engaging Results Communications.

It will be a large and time-consuming challenge for businesses engaged in mobile marketing to ensure they’re compliant.

Companies that run mobile (SMS) marketing campaigns will face a new hurdle on Wednesday when the FCC’s update to the Telephone Consumer Protection Act takes effect.

The law will now require advertisers to obtain and hold unambiguous written consent from current and future subscribers before initiating any telemarketing call or text message.

“Most SMS opt-in procedures will have to be revised,” Kay-Tee Franke, president of mobile marketing consulting firm Engaging Results Communications, said. “Unfortunately, the FCC didn’t provide much notice on the new law, so many companies may be out of compliance on day one.”

The FCC is hoping to protect consumers from receiving unsolicited mobile marketing messages, often from unscrupulous companies, according to Franke. Penalties range from $500-$1,500 per call or text message.

“A key takeaway is that any past or current relationship with subscribers doesn’t necessarily equal consent,” Franke said. “That means it will be a large and time-consuming challenge for businesses engaged in mobile marketing to ensure they’re compliant.”

For more information on TCPA compliance, visit http://www.ercsms.com/services/2013-tcpa-compliance.

Engaging Results Communications aims to help businesses engage with their audiences both effectively and efficiently. It provides mobile technology and services that allow businesses to communicate directly with their audiences anytime, anywhere. The company is based in Madison, Wis. For more information, please visit ercsms.com.

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Becky Bushnell or Kay-Tee Franke
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