Author Topic: Are your mobile marketing efforts going to be legal on Oct. 16, 2013?  (Read 2440 times)

Offline ASUService

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Effective Oct. 16th 2013 are new provisions under the TCPA.

The down and dirty of this new ruling is that, basically, you need to have confirmed acknowledgement from all sms subscribers even those already on your sms marketing list AKA double opt-in but slightly different.

In this acknowledgement you must provide to the subscriber what you intend to be sending to them. For example ...

Once someone signs up to your sms marketing list you might send the following as the first message ...

"Hello, Thank You for subscribing! We will be sending X number of messages to you per <day|week|month> advertising our services and products. Please reply yes to accept"

Pretty lame but you get the idea ... please write something you are most comfortable with.

Failure to do this step could result in fines that would put a large company out of business so the little guy or gal doesn't stand a chance.

Sorry but disclaimers are necessary.

1: You must NOT consider this legal advice. I always do my best to pass on accurate information but I'm not, nor do I have attorneys on staff. Seek legal council in your local area.

2: This applies to ONLY marketing SMS. If you are using any mobile product for notifications ... i.e. Church or club notices that do not attempt to generate cashflow ... you are not bound by the new rulings.

3: This only applies to the U.S.A. BUT if you market via SMS to subscribers within the U.S.A. you may be liable as well.

Get the scoop here ... http://asurecommends.com/recommends/TCPA

Hope this is helpful!



Offline Mark Austin

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Re: Are your mobile marketing efforts going to be legal on Oct. 16, 2013?
« Reply #1 on: October 08, 2013, 01:31:48 PM »
Good to know. Thanks for posting that Mike!

Mark
“Keep away from people who try to belittle your ambitions. Small people always do that,
but the really great makes you feel that you, too, can become great.”
~ Mark Twain

Offline hillsborowd

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Re: Are your mobile marketing efforts going to be legal on Oct. 16, 2013?
« Reply #2 on: February 02, 2014, 01:23:47 PM »
Yes this is good to know I wonder how many will really obey and how much it will be enforced
Bill Brooks    hillsborowd@gmail.com

Offline ASUService

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Re: Are your mobile marketing efforts going to be legal on Oct. 16, 2013?
« Reply #3 on: April 04, 2014, 02:12:33 PM »
Even after several months Bill, this is yet to be seen.

Offline hillsborowd

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Re: Are your mobile marketing efforts going to be legal on Oct. 16, 2013?
« Reply #4 on: September 26, 2014, 12:37:17 AM »
Yes that what I was  mentioning but one day someone will get a problem and have the money to push it then it will be a big thing for a while any way
Bill Brooks    hillsborowd@gmail.com

Offline oldbuddy

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Re: Are your mobile marketing efforts going to be legal on Oct. 16, 2013?
« Reply #5 on: November 09, 2014, 11:56:20 AM »
Maybe you should write a product revolving around SMS Marketing?

Effective Oct. 16th 2013 are new provisions under the TCPA.

The down and dirty of this new ruling is that, basically, you need to have confirmed acknowledgement from all sms subscribers even those already on your sms marketing list AKA double opt-in but slightly different.

In this acknowledgement you must provide to the subscriber what you intend to be sending to them. For example ...

Once someone signs up to your sms marketing list you might send the following as the first message ...

"Hello, Thank You for subscribing! We will be sending X number of messages to you per <day|week|month> advertising our services and products. Please reply yes to accept"

Pretty lame but you get the idea ... please write something you are most comfortable with.

Failure to do this step could result in fines that would put a large company out of business so the little guy or gal doesn't stand a chance.

Sorry but disclaimers are necessary.

1: You must NOT consider this legal advice. I always do my best to pass on accurate information but I'm not, nor do I have attorneys on staff. Seek legal council in your local area.

2: This applies to ONLY marketing SMS. If you are using any mobile product for notifications ... i.e. Church or club notices that do not attempt to generate cashflow ... you are not bound by the new rulings.

3: This only applies to the U.S.A. BUT if you market via SMS to subscribers within the U.S.A. you may be liable as well.

Get the scoop here ... http://asurecommends.com/recommends/TCPA

Hope this is helpful!