Partner John J. Heitmann presented at the 2012 International Association of Privacy Professionals Privacy Academy in San Jose, CA on October 11, 2012. He participated in the panel, “Character Flaws: Avoiding Risk When Marketing with Texts and Tweets.”
Text messages and tweets are becoming essential tools in mobile marketing, the limited number of characters for each notwithstanding. When these communications are used for commercial purposes, they carry a high risk of legal liability from federal and state regulators, as well as class action plaintiffs. This session provided a practical overview of the interplay among and differences between FCC and FTC regulations pertaining to telemarketing and the Do Not Call Registry, the CAN-SPAM Act and pertinent state laws. Mr. Heitmann discussed the various subscriber consent requirements, including the new FCC robocall rules, lessons learned in FCC, FTC and state enforcement efforts, and multi-million dollar class action lawsuits brought under the Telephone Consumer Protection Act and other causes of action. The expert panel also provided industry best practices for reducing potential liability, including reconciling statutory and regulatory requirements with the Mobile Marketing Association Guidelines.