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May 28, 2019

What You Need to Know About the TCPA When Sending Marketing Text Messages

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In 2019 marketing via text message is not out of the ordinary. You receive a text when your prescription is ready to be picked up, a text when a snow emergency closes school and a text when there is an exclusive sale at your favorite retailer. Can a business send text-messages directly to consumers? What seems like a no-brainer marketing strategy actually is much more complicated. It may be just a simple text, but a small mistake can be very costly for your business.

The Telephone Consumer Protection Act of 1991 (TCPA) was enacted to protect consumers from the harassment of telemarketers. Over the years, the law has evolved to include marketing faxes and text messages. The law was born out of the rise of Automatic Telephone Dialing Systems (also known as “Autodialers”) and robocallers. TCPA gives consumers a basis to file a lawsuit and receive statutory damages for unsolicited calls, faxes and text messages.

Large companies risk having to defend themselves in Class Action lawsuits. Small businesses risk of losing everything over just a few seemingly innocuous text messages. Educate yourself and your clients now and avoid exposure in the future.

Click to download “Should You Send That Text? What You Need to Know About the TCPA When Sending Marketing Text Messages” written by Miami partner Shawn Libman and featured in DRI's Customer Connection.