Mobile phones, once associated only with voice service, have become the launching pads for new data-driven technologies and advertising. Today, consumers increasingly use smartphones and next-generation mobile devices for a myriad of tasks, including text messaging, taking photos, online banking, browsing the Web, making purchases, listening to music, viewing videos, and updating social network profiles. Coupled with new functionalities, the world of mobile phone marketing is growing rapidly.
However, the collection of consumer information and the transmission of targeted ads to mobile phones necessarily implicates a number of privacy-related laws, including, among others, the Telephone Consumer Protection Act (TCPA) and accompanying telemarketing regulations, the federal CAN-SPAM Act, the Federal Trade Commission Act, the national Do-Not-Call Registry, the Children’s Online Privacy Protection Act (COPPA), and state consumer protection and privacy laws, as well as the mobile phone industry’s own principles and guidelines.
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