As you may be aware, a 2012 FCC ruling that applies to SMS takes effect on October 16, 2013. If you are following the MMA Guidelines, then probably most of this is not new to you.
Below is a summary that explains how this ruling applies generally to SMS.
Effective October 16, 2013, the FCC will require prior express written consent to deliver an autodialed or pre-recorded telemarketing call to a wireless number. This ruling also covers SMS messages that contain marketing content.
- This ruling does not apply to purely informational or transactional calls or SMS messages such as flight updates or bank account alerts.
- The rule for non-marketing call or text message has not changed: only prior express consent is required, provided that the call or SMS contains no upsell or other marketing content.
- “Prior express written consent” means a signed written agreement that clearly and conspicuously discloses to the end user that:
- By signing the agreement, he or she authorizes the seller to deliver, to a designated phone number, telemarketing calls using an automatic telephone dialling system or an artificial or pre-recorded voice; and
- The end user is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.
Please contact us at email@example.com if you have general questions.
Please note that this is not legal advice and you need to make your own determination about what (if anything) the FCC rule changes require for your SMS campaign(s).