The Advertising Law Practice Group has prepared a Client Advisory titled "Georgia Supreme Court Issues Important Decision for Mobile Marketers." On April 21, 2008, the Georgia Supreme Court held that a text-to-win sweepstakes offered in conjunction with NBC's Deal or No Deal television show did not violate state gambling laws. Hardin v. NBC Universal, Inc. et al, No. S08Q0323 (Ga. April 21, 2008). The Georgia Supreme Court's decision is a clear victory for marketers that want to run text-to-win promotions. However, it is too early to celebrate or to conclude that it is safe to charge premium text fees for entries in sweepstakes. Although the issue may be settled in Georgia, there are still similar cases pending in other courts.
The Advisory discusses the significance of the Court's decision and serves as a reminder of the importance of exercising caution when planning a mobile sweepstakes.