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Is Text Message Marketing Spam?

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In the video above, Tatango CEO Derek Johnson answers the question: “Is text message marketing spam?” Prefer to read instead? No problem, please see the post below. You can also find answers to all of your SMS marketing questions in our Q&A video library; click here to browse.

 

Is Text Message Marketing Spam?

… well, is it?

Whether or not text message marketing is spam is, unfortunately, a loaded question that doesn’t lend itself well to a “yes” or “no” answer. If a text message marketing campaign is done correctly, it is not spam—at least in the eyes of the law. The United States Federal Communications Commission (FCC) passed the Telephone Consumer Protection Act (TCPA) in the early 1990s, which places strict regulations on automated phone calls. These regulations were expanded to include text messaging not long after. TCPA compliance is one of the fundamental steps every text message marketing campaign must take. Failure to be compliant opens the sending organization up to hundreds of thousands (if not millions) of dollars in fines and liability payouts.

The key point of conflict, in this case, is whether the recipient consented to the text messaging or not. The TCPA has strict guidelines around what qualifies as “express prior written consent” that must be followed before messaging occurs. If a consumer receives text message marketing material without providing consent, then they are being harassed by an illegal campaign in the eyes of the law — therefore spam. If a brand has acquired TCPA-defined consent, then it’s not spam, but instead content that the consumers have explicitly signed up for and expressed an interest in. It’s also important to note that there must be an easy way to opt-out or unsubscribe from messaging. As soon as the text message marketing is unwanted, it needs to stop.

We hope that this answered your question in a satisfactory manner. If you have any other questions, we encourage you to explore the rest of our resource library. This is our area of expertise, and our passion; we’d love to answer any questions you have, or even help you with your own text message marketing campaign. If you’re interested, give us a call!

 

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