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The Telephone Consumer Protection Act (TCPA) places strict guidelines around how brands can interact with consumers via phone calls and text message marketing. TCPA compliance has a lot of twists and turns, and it’s highly recommended that any brand interested in SMS marketing work with an experienced TCPA attorney—especially because TCPA litigation is the second most common kind of litigation in federal courts.
So, what should a business look for in a TCPA attorney?
How to Select a Good SMS Marketing TCPA Attorney
The TCPA is incredibly concerned about consent; what kind of consent a consumer provides, when it is provided, how it is provided, and so on. A good TCPA attorney will be able to keep track of all of the myriad requirements and guidelines, making sure that your SMS marketing campaigns are airtight.
Unfortunately, it’s not as simple as just reading the law. To understand the extent of the TCPA, you need someone to read the law, read the FCC regulations, and then be aware of court rulings that nebulously changed certain aspects of it. A good TCPA attorney is able to navigate this, and is aware that individual courts might have different rulings on specific case types.
A good TCPA attorney requires working with general counsel and in-house counsel to determine who is involved in a TCPA-relevant SMS marketing campaign. Most in-house legal counsel doesn’t have the time or energy to deal with the eternally shifting and evolving environment around TCPA compliance, which is why it’s important to find an attorney that’s specialized in it. A good text message marketing TCPA attorney spends most of their time specifically on TCPA-related issues.
You want a TCPA attorney that is familiar with both the compliance side of the TCPA, and the litigation side. One side can prevent the other, but it’s best to be prepared for both, especially considering the massive uptick in TCPA litigation in recent years.
Following TCPA Guidelines
We hope this breakdown was helpful to you! If you’re interested in learning more about text message marketing and the TCPA, check out our free TCPA Text Messaging Survival Guide. Or, talk to our team of trusted experts to guide you through the process and help you get your text message marketing campaigns running the right way from the start.