jtripp

I am new to mobile marketing and this section of the forum so I apologize if this has been covered.

I've been doing alot of reading on FTC & FCC rules for commercial text messages. One thing I came across today surprised me and I wanted to get some input on it.

In the .pdf available at http://www.lift.org/ftpaccess/MobileCompliance.pdf it says (on page 19) that commercial text messages are banned in California, Louisiana, Ohio, Rhode Island, and Washington. However "express consent MAY exempt calls", but it does not explain how that consent must be given.

Does anyone have any more information on this?

Thanks,
Jennifer

MyNameIsAlex

I live in California and it's a pretty booming market. Nearly all the big corperations are implementing it in some way, as well as many small businesses. Additionally, I think a few of the major providers are based in California (I know for a fact Trumpia is). If it is "banned" nobody is enforcing the ban. I do know that you need to follow CAN-SPAM laws though, meaning subscribers must opt-in and a STOP message must be added at the bottom of every message (as well as "standage usage and data rates may apply").

jtripp

Thanks MyNameIsAlex, it's good to hear from someone who lives there.

I am sure there would be more talk about it if 5 states had a ban. But I can only find statements that there is a ban and nothing explaining proper optin procedures so commercial text messages can be sent.

Is anyone using a double optin method to protect their clients from spam complaints?

Jennifer

MyNameIsAlex

I'm unfamiliar with what exactly double optin is. Can you elaborate?

jtripp

Double optin is when a customer joins your list and they then receive a message asking them to confirm they want to join by texting back "OK" or another phrase that indicates they want to receive commercial messages from you.

MyNameIsAlex

Ah, I see. Thanks!

MoBuzz

As long as they have agreed to receive the messages and there is a clear way to opt out then its all good.

HypeText

I live and operate my business in California. The rules we have here are the same rules that are currently under consideration on a Federal Level.

So the short answer is No, they are not banned...we just have laws requiring Opt In/Opt Out which are already widely utilized in the industry even where they arent law.