February 1, 2011
In a Mobile Marketer
article titled "Court Finds Buying Mobile Numbers from Third-Parties Violates Telephone Consumer Protection Act," partner Gonzalo E. Mon was quoted. The article discussed a recent complaint filed against three companies, where consumers alleged they received messages without opting-in to receive them, and continued to receive these messages after the consumer opted-out. The court held that text messages were subject to the TCPA and that marketers could not send text messages absent express consent from the recipients.
"The bottom line, again, is that companies need to get express opt-in consent before they send text messages. Advertisers should consult the Mobile Marketing Association's Best Practice Guidelines for tips on how to do that," said Mr. Mon.