FCC Enacts New Rule for Mobile Marketers

FCC Enacts New Rule for Mobile Marketers

The Federal Communications Commission’s (“FCC”) amendments to the Telephone Consumer Protection Act (“TCPA”) went into effect on October 16, 2013. Companies, particularly mobile marketers, who haven’t already done so, should now review the guidelines and assess their practices for compliance. The TCPA regulates telemarketing activities, including the use of autodialing systems to initiate unsolicited telemarketing voice calls and mobile messages, including fax, text and multimedia messages. A key point to remember is that the TCPA was updated to include text messaging under the umbrella of “automated calls” covered by the Act. Companies must obtain consent and maintain a record of prior written express consent from individuals before texting.

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