SMS/Text Marketing Legal in Massachusetts?

Question

I realize there is a Do Not Call Registry for phone calls but does that also apply to texts?  I can find nothing specific in Massachusetts case law.  Any general comments on the effectiveness of text/SMS marketing also appreciated.  Thanks all!

Ross Williams · Answer

Thanks Jessie and Lien.

Lien Vuong · Answer

You cannot text unless the person has subscribed and given you consent for that communication in MA. Many brokerages around us have gotten severe fines for that type of solicitous communication, I would be very weary.

Jessie Dillon · Answer

i can lend some advice for the second part of this question! with email marketing for example, a good open rate is 20%. with text, the average open rate is 90% or higher. everyone reads every text they get. that extra 10% is due to some phone carriers having a “spam text” folder. i personally have never seen this, but i do see many of my texts not being delivered due to the phone carriers’ spam folders. anywho, people rarely answer the phone, and almost always listen to voicemails. so i feel texts & voicemail drops would probably have about the same efficacy. texts might beat VM drops because they could be perceived to be more authentic (depending on how they’re written), meaning more responses. you’d also have to consider your demographic. will you know that the #s on the list are cell phones vs landlines? is your demo over a certain age, in which case, they may not be into texting or even have text-capable cell phones? things to consider!