Updates to Telephone Consumer Protection Act (TCPA) Rules

Our partners at Symbiota (@symbiota) have written up an excellent summary of the revised rules under the TCPA (Telephone Consumer Protection Act).

Please be informed that a revised rule under the Telephone Consumer Protection Act (TCPA) goes into effect on 10/16/13 that will require “prior express written consent” for text or voice messages sent to phones for solicitation purposes. For informational texts and other non-solicitation texts, the existing “prior express consent” standard will continue to suffice. For example, the new requirement does not apply to purely informational or transactional calls or messages, such as sending a link to a non-solicitation web site, flight updates, surveys, or bank account fraud alerts; however, an informational text that includes an upsell – such as a flight update followed by an offer inviting the consumer to upgrade to first class – would require written consent. There is limited guidance on what constitutes a solicitation, but to paraphrase the FCC, “if the text, notwithstanding its free offer or other information, is intended to offer property, goods, or services for sale in the text, or in the future, that text is an advertisement.”

Read the rest of this summary at Symbiota

Of course, this counts only for those folks in the USA. Other countries have different and similar rules regarding communications. If you are aware of communication law changes which effect mobile for your region, do make us aware and we’ll get those posted also.