Legal Challenges For Text-Message Marketers

Abstract

As text-messaging usage climbs in the United States, marketers are scrambling to find ways to integrate this new technology into the marketing communications mix. Marketers must, however, be mindful of current U.S. Law – federal and state – which may restrict text message use. Although no current federal law exists to specifically regulate text-message marketing, several wireless communication laws, anti-spamming laws, and case law may apply. This paper reviews the current statistics and trends regarding usage of text-message marketing in the United States, presents “spamming” opportunities, reviews current federal law and state law by example, and makes recommendations to marketers considering use of text-message marketing.