The United States Federal Trade Commission has singled out one bad actor that has allegedly been sending out tons of text messages to consumers that have not opted in. Will this hurt the vast majority of SMS marketers who play by the rules? The FTC has filed an action in federal court seeking to shut [...]
An excellent article outlining the legalities of using text message marketing to advertise your business. This outlines what we are telling folks all the time — you have to have an opt-in audience (or at least an existing business relationship) in order to advertise via text. Americans want to move toward an opt-in paradigm: panelist [...]
Katharine Parker is co-head of the employment law counseling group at Proskauer By Katharine Parker, Kristen J. Mathews and Gregory J. Couillou On June 17, in a decision authored by Justice Anthony Kennedy, the U.S. Supreme Court unanimously overturned a decision by the U.S. Court of Appeals for the Ninth Circuit in a case involving [...]
More than 240,000 applications, 630 different handsets, nearly three dozen handset manufacturers, seven operating systems and currently four national service providers with others building out their coast-to-coast footprints. What is wrong with this picture? The answer, quite simply, is an emphatic nothing. In fact, there is a lot right with this picture of an industry [...]
Businesses desiring to conduct text marketing campaigns need to be aware that a growing number of courts are agreeing with the position of the Federal Communications Commission (FCC) that text messages are “calls” subject to the restrictions of the Telephone Consumer Protection Act (TCPA). Accordingly, businesses should ensure that they have the necessary consent from [...]
