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Legality of text message advertising

Discussion in 'Mobile Marketing' started by Spyke5544, Apr 11, 2013.

  1. Spyke5544

    Spyke5544 Newbie

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    I am new to this and i was just wondering the legality of sending adevertisments via text messages. I know most phone plans have unlimited text messages now but for the plans that do not have unlimited text messages and are charged fees per message, can you get in trouble or sued for sending ads to those people with limited texting plans. Can the texting charges be pushed onto you? Also, If there is anyway you can not be traced after you send the ad. Is there any possibility the person paying for the ad or the product being advertised can be help liable for any texting charges? Would picture messages fall under the same principles laws/loop holes/ or w/e.?

    I know it was a bit late. But i read the first link on this forum category about the laws of what i am asking. Was a great post. but didnt fully answer the other questions. About who will pay for the texting charges if the texts are from a email spam bot, possibly from a cyber cafe and/or through third party servers.
     
    Last edited: Apr 11, 2013
  2. cnick79

    cnick79 Jr. VIP Jr. VIP

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    I'm willing to bet the smack down will come down on you a lot faster than sending emails. Don't think people who have unlimited text plans are fair game. I wouldn't dare attempt texting people without them opting in.
     
  3. wuquater

    wuquater Junior Member

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    afaik, it is nearly illegal in every modern country, but please discuss this with an attorney specializied in this field, there may be some holes in system.
     
  4. thedorf

    thedorf Senior Member

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    I like how you are thinking!
     
  5. speeder33

    speeder33 Registered Member

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    stick with emails, as far as i know texting can get you in trouble
     
  6. omnipotent$

    omnipotent$ Regular Member

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    I wouldn't touch it with a 10 ft pole if I were you.
     
  7. stack paper

    stack paper Jr. VIP Jr. VIP

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  8. jay6868

    jay6868 Newbie

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    Hi, this is for everyone on this thread,I have a company that i specialize in text message marketing and Text message marketing is a permission based business
    opt in only and mean only.If you want proof check out jiffy lube and subway.They are in litigation now for transferring all there customers to a company that blasted out a message to them and now they are facing a fine a of up to 10,000.00 a number they sent a message to.So yes it is very serious !!!!! don`t do it.The FCC and The MMA (mobile Marketing Association) are just waiting for individuals to cross the line to throw the book at them.I have been doing mobile marketing for 3 years now and when i say it is the way to go.I stop working a reg. job a month after i started.So to answer your question, only do it if your customer opt-in to your campaign and only send them messages that they opt-in for or there is another problem that you don`t want to face,if you have any questions about mobile marketing just pm me and I will help you out.
     
  9. DeniX3

    DeniX3 Regular Member

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    @jay6868 and rest
    Are you guys talking about sending non opt in from US to US? Because i read a thread here that says you should send international sms and you are way more safer.