Mobile Lawyers & FCC Compliance Attorneys
As a mobile lawyer, we assist businesses with FCC compliance related to current laws regulating SMS marketing and mobile apps. We assist numerous Internet businesses, marketers and affiliates. SMS marketing and collecting personal data from mobile apps means potential FTC and FCC compliance liability. We help our business clients navigate through current federal and state guidelines to ensure their text message marketing campaigns and mobile apps information collection practices are legally compliant.
SMS Marketing Campaigns
Of course, text messaging also can potentially expose your business to liability. We assist businesses, mobile app and plug-in providers stay on top of FTC and Federal Communications Commission (FCC) regulations and other regulations governing mobile communications and advertisements.
FCC Text Message Laws
Mobile advertisers should be aware that there are new FCC rules regarding text message advertising. FCC laws now make it illegal for telemarketers to place calls or send texts without express written consent from the consumer. Additionally, the consumer must always be given an opportunity to opt-out, even after he or she has opted-in. This presents a major change from the old telemarketing rules. There is no more “preexisting business” provision. Under the new FCC laws, marketers cannot claim “implied consent” simply because a consumer had previously done business with the business in question. Another significant change is that automated text messages are now categorized along with automatically dialed and prerecorded telephone messages. Also, after the new telemarketing laws are published in the Federal Registrar, mobile marketers and affiliates will have 12 months to establish a written consent process and only 90 days to implement an interactive opt-out mechanism for any automated text-message ads they send. The FCC has stated that any type of phone call or text to a wireless device will need written consent.
We can assist your business with FCC compliance with its SMS marketing campaigns and help you or your business navigate the new FCC rules.