Strange Brew: Restaurant Texting Case Highlights Importance of Maintaining TCPA Records

Strange Brew: Restaurant Texting Case Highlights Importance of Maintaining TCPA Records

Digital Marketing, Privacy, Telephone Consumer Protection Act
Businesses using automated text messaging campaigns to market to its existing and prospective customers should heed the lessons of a Telephone Consumer Protection Act (TCPA) decision out of the Western District of Missouri examining the legality of a brewhouse chain's SMS marketing campaign. What is the TCPA anyway? To back up, the TCPA imposes detailed restrictions on businesses engaging in telemarketing and---of particular importance to not a few of my business clients---the use of what the Act refers to as an "automatic telephone dialing system" (ATDS) to send such automated text messages to recipients. Let's be clear, as a business owner, you shouldn't be fooled by the “telephone” portion of the TCPA moniker. The Federal Communications Commission (the federal agency tasked with TCPA enforcement) has already concluded that cell phones…
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