My friend Chip Cooper at digicontracts sent me this, and I think it's a good heads up for all of you. There is a common misconception that text/SMS messages are subject to the same opt-out and unsubscribe requirements as with the US CAN-SPAM Act of 2003 for commercial email.
Not true.
Text/SMS messages are subject to the Telephone Consumer Protection Act of 1991 (TCPA), as enforced by the Federal Communications Commission (FCC). Prior to 10-16-13, implied consent via a pre-existing business relationship was sufficient for commercial phone calls and robo calls.
Not so now! Under new TCPA rules effective 10-16-13, "prior express written consent" is now required.
So, what does this mean to you? Just ask Guess? (the jeans manufacturer) about TCPA. Guess? is now a defendant in a class action suit alleging that Guess? violated the new TCPA rules. Plaintiffs are seeking statutory damages in the amount of $500.00 for each alleged negligent violation of the TCPA, and treble damages in the amount of $1,500.00 for each knowing or willful violation of the TCPA. For more information, Click Here:
http://www.kleinmoynihan.com/blog/guess-who-has-now-been-sued-in-a-putative-tcpa-class-action-guess/
