I just wanted to point out some past TCPA related lawsuits for Robocalls, Unsolicited Text Messages and even Fax Messages. As we’re all aware by now the TCPA specifically states that a brand or company needs to gain ‘Express Written Consent” from an individual before sending them any sort of marketing communication.
In one of the cases, the debt collection agency Select Resources Group was sending debt collection-related communications. These were apparently robocalls. However in this particular case the plaintiff’s cellular phone provider was billing the plaintiff for these ‘robocall-style communications’.
Posted in Legal, Platforms, Privacy, Technology
Although it comes as no shock that retailers sincerely want to comply with the Telephone Consumer Protection Act (TCPA), the Federal Communication Commission’s rules in this area have actually led to an increase in litigation — and businesses of any kind want to reduce risk here.
What to do? A Mobile Marketing Association webinar will provide both answers and insight. The webinar — “FCC Proposes New TCPA Laws – What Every Retailer Needs to Know About The Telephone Consumer Protection Act” — is set for Wednesday, August 5 from 1 to 2 p.m. (CDT).
It’s especially timely.
Posted in Best Practices, Legal, Marketing Strategy, Mobile Advertising, Mobile Marketing, Privacy
Mark your calendars for July 14th. On that date, the Mobile Marketing Association will help present a compelling webinar that marketing and advertising professionals can’t afford to miss.
“Retailers face considerable challenges in complying with the Telephone Consumer Protection Act (TCPA),” reads the webinar overview. “Over the last few years, the cost of non-compliance has risen dramatically due to the rapid increase in the amount of litigation around TCPA and the very large settlements associated with class action litigation.”
If you’re not familiar, just last week the FCC issued new requirements for those engaged in text and telemarketing.
Posted in Best Practices, Infographics, Legal, Marketing Strategy, Mobile Devices, Mobile Marketing, News, Platforms
Typo — an iPhone keyboard that looks strikingly similar to the iconic BlackBerry keyboard design — has reached a settlement with BlackBerry.
BlackBerry, of course, has been battling the team at Typo and tangling in court over Typo’s purported infringement on BlackBerry’s familiar keyboard design.
But this week, the battle came to an end. And BlackBerry won.
Posted in Announcements, BlackBerry, Legal, Mobile Devices, News, Platforms, Smartphones, Technology
There are about 600 websites that still illegally stream TV shows and movies online.
It’s a lucrative venue. A recent study by Digital Citizens Alliance (DCA) and MediaLink discovered that they took in $209 million in revenue in 2014 from ads adjacent to stolen digital content.
The study, “Good Money Still Going Bad,” notes that this is less than the $227 million from the 2013 study, but DCA attributed that to the fact that about four in 10 of those sites have been shut down or “shrunk” in the last year. Because of that, revenues for the two years is actually comparable.
Posted in Announcements, Legal, Mobile Devices, News, Platforms, Technology
Are consumers giving out their phone numbers in exchange for free popcorn or soda coupons — and then forgetting they did so? Or are companies abusing SMS capabilities and pestering people?
The answers to those questions may prove critical when Minnesota jurists consider a lawsuit in Minnesota lobbed at the AMC theater chain.
Andria Addison has alleged in a complaint just filed that AMC violated a federal text spam law. Addison is seeking class action status on the case.
Posted in Best Practices, Legal, Marketing Strategy, Mobile Spam, SMS / Text
As we all know SMS text messaging is a very popular and effective way to get your marketing message out to your audience. More reliable than email, text messages are read quicker than email and people tend to keep their cell phone number longer than they do any given email address. So it stands to reason that marketers should take the time to acquire a nice, clean, opt in SMS database. But some Marketers that begin collecting SMS databases really do not know the proper way to go about it. Its frustrating for businesses and marketers alike to spend time and effort collecting cell phone numbers with the hopes of sending them text messages only to find out that the way they went about collecting their data is not ‘carrier compliant’ or compliant with the new TCPA Amendment and thus reputable companies like mobileStorm cannot accept their data. So let’s go on record here and outline Best Practices and Carrier Requirements for collecting a good, opt-in SMS database.
First of all there are just a few different ‘carrier approved’ methods in which a marketer can collect an SMS database; Enter a phone number online, Click a button on a mobile webpage, Send an MO message containing an advertised keyword and Sign up at a POS location.
Posted in Best Practices, Legal, Marketing Strategy, Mobile Marketing, SMS / Text