The Retail Industry Leaders Association is asking the Federal Communications Commission for clarification surrounding the recently changed telemarketing laws. Specifically, the group wants to know if written consent is really necessary before sending consumers text messages with coupons that were specifically requested, according to a post by Ernest Cooper in Mintz Levin’s Privacy & Security Matters.
For example, if a shopper sees an advertisement that says “text DISCOUNT” to X retailer and you’ll get a code to get a percentage off your next purchase, is this a technical contravention of the FCC telemarketing rules? “RILA is concerned that because the reply message is arguably marketing or advertising and is sent without the consumer’s written consent, some persons might charge the retailer is violating the FCC’s telemarketing rules,” says Cooper.
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