Mobile Texting Laws- Are You in Danger?

Mobile texting laws change constantly. Make sure you know the rules.

Mobile texting laws change constantly. Make sure you know the rules.

Mobile marketing is here to stay however it is also a landscape that will constantly evolve.  (Just look at how Siri has changed mobile search lately)  While devices manage to become more simple yet more complex at the same time, more and more of what we used to do on other devices is shifting over to our cell phones. On top of all of this, the regulations around marketing to consumers is falling into place and along with the guidelines comes potential for some pretty hefty fines if rules are not followed properly.

In a recent article featured on Automotive News, a dealership group had sent text messages to thousands of consumers’ cell phones which in turn have brought about two different law suits. A large portion of this suit revolves around the consumers’ ability to opt-out and having subsequent messages excluding those consumers. This is one of the several rules that need to have your attention.

The Telephone Consumer Protection Act prohibits the unsolicited calling or texting of messages to cell phones largely because of the incurred charges by consumers. Unless the consumer and the business reaching out to them already have an established business relationship, reaching out to these potential car buyers is outside of their guidelines. Additionally, all text messages need to contain the option for opting out of receiving further messages.

To ensure that your dealership is not in danger of breaking the rules, make sure that all of your outbound campaigns, calls, and text messages are going to consumers who have specifically opted in to being sent such messages. Utilizing cell phones as a marketing tool is a fantastic means of reaching your customers,  just make sure that your best practices don’t get you in trouble!