Comments on: Court Case Leads Way To TCPA Laws Applying To SMS

By: MinCal Consumer Law

MinCal Consumer Law — Sat, 10 Jul 2010 16:09:07 +0000

This is great news for consumers who had to put up with unsolicited text messages. While many marketers operate ethically, there are those that don't. Consumer Rights Lawyers like us anticipate being able to help even more consumers under the laws afforded by the TCPA…

By: Rosemary

Rosemary — Tue, 08 Jun 2010 13:00:55 +0000

On the other hand, adding layers of consumer protection laws is good for the industry as whole in terms of weeding out the marketers who in fact send unsolicited messages, and violate the numerous laws prohibiting it. In other words, being subject to more regulation will help get rid of the handful of marketers who ruin it for the rest of us. Protecting the consumers is bottom line, and marketers who want to see success with their SMS campaigns need to have that notion in the front of their minds at all times. Heavier regulation will help ensure that’s always the case.

By: Acure

Acure — Wed, 12 May 2010 14:09:40 +0000

A court in Illinois rejected a motion to dismiss filed by defendants in a class reliable action brought on behalf of plaintiffs who received SMS spam marketing an animated film called "Robots".

By: Voice or No Voice, SMS is a Call, Courts Say | The Big Fat Marketing Blog

Voice or No Voice, SMS is a Call, Courts Say | The Big Fat Marketing Blog — Mon, 12 Apr 2010 07:34:14 +0000

[...] But an appellate court disagreed last July, and the suit is back on the docket.There have been other recent judicial decisions affirming that text messages are indeed calls and subject to TCPA enforcement under the FCC’s [...]

By: Court Rules Twentieth Century Fox Violated The TCPA With Five Year Old SMS Campaign | Mobile Marketting Vehicles

Fri, 09 Apr 2010 18:27:19 +0000

[...] on the grounds that SMS messages aren’t “calls” as defined by the TCPA, but as we’ve already seen before, they in fact [...]

By: Court Rules Twentieth Century Fox Violated The TCPA With Five Year Old SMS Campaign : Mobile Marketing Watch - The Pulse Of The Mobile Marketing Community

Fri, 09 Apr 2010 17:37:45 +0000

[...] on the grounds that SMS messages aren’t “calls” as defined by the TCPA, but as we’ve already seen before, they in fact [...]

By: Justin

Justin — Mon, 29 Mar 2010 18:27:34 +0000

Giff- great point. Aspects like this is why trying to cover too much under the TCPA proves very ambiguous for a lot of marketers.

My guess is that while FTEU shouldn’t be covered under the guidelines, a judge would probably see it differently if ever tried.

By: Giff Gfroerer, i2SMS

Giff Gfroerer, i2SMS — Mon, 29 Mar 2010 17:31:53 +0000

I am curious how this will effect FTEU?

The quote above reads:

“In being covered under TCPA laws, a new court decision determined the guidelines apply even if the recipient was not charged for the “call”".

Seeings all FTEU messages at first originate from a non-opted in number, how will this be categorized?

By: Flash Optin Personal Use | Games Electronics Gizmos

Flash Optin Personal Use | Games Electronics Gizmos — Fri, 26 Mar 2010 08:09:26 +0000

[...] Court Case Leads Way To TCPA Laws Applying To SMS : Mobile … [...]