SMS law question

scamsel · 1st Dec 2012, 12:53 PM

Hi. I was wondering what kind of attorney one would contact about text messaging. Specifically, I wanted to find out what the laws were in my state/county on texting about drink specials.

Like what if you had someone under 21 on your list?

Should I look for an "advertising" lawyer?

Thanks

Tsnyder · 2nd Dec 2012, 12:56 AM

In that limited context I think any good general practice
lawyer can advise you on applicable state laws.

twalker2623 · 2nd Dec 2012, 01:01 PM

The laws are going to vary depending on your state, in some states it is illegal to send text coupons for alcohol or tobacco even if everyone on your list is over 21. Advertising alcohol is a complicated animal.

In Colorado where I live, one of the local news stations has a Law Line that you can call with general questions - maybe look for something like that in your area if you can't find a lawyer that will give you a brief consult. I do agree that a general practice lawyer should be able to answer your questions.

scamsel · 2nd Dec 2012, 06:36 PM

awesome, thanks for the input guys.

nbatioco · 3rd Jan 2013, 09:26 AM

Wooh, these question never comes into my head. Good thing is that I am not yet focusing on nightlife bars... Another notes added on my lists

IMShoppingMall · 3rd Jan 2013, 10:19 AM

Here in Chicago there is an active group of mobile marketers. A formal "council" was created a few years ago to provide guidance to those of us involved in this industry, it's called: Heartland Mobile Council. They put on (among other thing) seminars and conferences covering wide issues and topics.

In June of 2010 they covered your topic. Below is the link to the topic invitation. On that page you'll find the name of an attorney I heard speak on this subject on a different date. His name is Blain Kimrey.

I'm not endorsing him; he's not my attorney; he seemed to be sharp and approachable. He may be able to help you or point you in the right direction.

http://heartlandmobilecouncil.org/uncategorized/hmc-mobile-marketing-legal-forum/

Good luck.

ozarksentinel · 3rd Jan 2013, 12:32 PM

Contact your State Attorney General's office. Ask them to provide you a copy of their current Telephone Marketing statute. That will provide you an in-depth knowledge of what you can and cannot do. Some states actually have that info available on their Government websites.

1st Dec 2012, 12:53 PM	#1
scamsel Active Warrior Join Date: 2009 Posts: 40 Thanks: 1 Thanked 7 Times in 5 Posts	SMS law question Share on: Hi. I was wondering what kind of attorney one would contact about text messaging. Specifically, I wanted to find out what the laws were in my state/county on texting about drink specials. Like what if you had someone under 21 on your list? Should I look for an "advertising" lawyer? Thanks

2nd Dec 2012, 12:56 AM	#2
Tsnyder Wordsmith War Room Member Join Date: 2003 Location: , , USA. Posts: 2,642 Thanks: 814 Thanked 1,739 Times in 834 Posts	Re: SMS law question Share on: In that limited context I think any good general practice lawyer can advise you on applicable state laws.
	If you knew what I know you'd be doing what I do...

2nd Dec 2012, 01:01 PM	#3
twalker2623 Warrior Member Join Date: 2012 Posts: 10 Thanks: 53 Thanked 9 Times in 7 Posts	Re: SMS law question Share on: The laws are going to vary depending on your state, in some states it is illegal to send text coupons for alcohol or tobacco even if everyone on your list is over 21. Advertising alcohol is a complicated animal. In Colorado where I live, one of the local news stations has a Law Line that you can call with general questions - maybe look for something like that in your area if you can't find a lawyer that will give you a brief consult. I do agree that a general practice lawyer should be able to answer your questions.

2nd Dec 2012, 06:36 PM	#4
scamsel Active Warrior Join Date: 2009 Posts: 40 Thanks: 1 Thanked 7 Times in 5 Posts	Re: SMS law question Share on: awesome, thanks for the input guys.

3rd Jan 2013, 09:26 AM	#5
nbatioco Nimitz War Room Member Join Date: 2011 Location: Philippines Posts: 120 Thanks: 5 Thanked 12 Times in 11 Posts	Re: SMS law question Share on: Wooh, these question never comes into my head. Good thing is that I am not yet focusing on nightlife bars... Another notes added on my lists
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3rd Jan 2013, 10:19 AM	#6
IMShoppingMall I'm Doyle's Friend War Room Member Join Date: 2010 Location: USA Posts: 82 Thanks: 25 Thanked 8 Times in 6 Posts	Re: SMS law question Share on: Here in Chicago there is an active group of mobile marketers. A formal "council" was created a few years ago to provide guidance to those of us involved in this industry, it's called: Heartland Mobile Council. They put on (among other thing) seminars and conferences covering wide issues and topics. In June of 2010 they covered your topic. Below is the link to the topic invitation. On that page you'll find the name of an attorney I heard speak on this subject on a different date. His name is Blain Kimrey. I'm not endorsing him; he's not my attorney; he seemed to be sharp and approachable. He may be able to help you or point you in the right direction. http://heartlandmobilecouncil.org/uncategorized/hmc-mobile-marketing-legal-forum/ Good luck.
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3rd Jan 2013, 12:32 PM	#7
ozarksentinel Active Warrior War Room Member Join Date: 2011 Posts: 32 Thanks: 41 Thanked 97 Times in 49 Posts	Re: SMS law question Share on: Contact your State Attorney General's office. Ask them to provide you a copy of their current Telephone Marketing statute. That will provide you an in-depth knowledge of what you can and cannot do. Some states actually have that info available on their Government websites.
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