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!

Jake Soper · Answer

You can scrub entire lists for DNC, fyi

Larry Sanni · Answer

Txt messaging is legal in Mass/RI. so far you screen the people on DNC list. That is my main source of marketing and it works well for me.

Matthew Sipes · Answer

Hey Kevin,

How do you check the DNC list?

Kevin Scott · Answer

Hey Ross,  You still cold calling?  We moved to cold calling a while back and it's been decent.

For what its worth I think you can limit checking dnc to every so many days. 31 days I think (verify of course)

Ross Williams · Answer

Thanks Jason!  What's working best for you?  I've been cold-calling but you have to check the Do Not Call Registry every time...

Ross Williams

Jason Regan · Answer

@Ross Williams I did texting for a little while.  The the regulations tightening and the little amount of motivated sellers I found made me stop.  Here is an article I found and what scared me the most is the $1,500 fine per text.  That's per text and can add up real fast

Is Mass Texting Illegal?

Is mass texting illegal? It's a question many of our customers ask us before signing up for our service. The reality is that regulations are governing certain aspects of mass messaging, and there are a lot of gray areas as well. There's also the issue of enforcement and holding spammers accountable for breaking the rules. In this post, we'll take a look at what you can, can't, and shouldn't do when mass texting.

Given that we spend a considerable amount of our time on smartphones, taking advantage of a mass texting service is a logical choice for help with communications needs for a new business. As long as you're reaching out to people with the information they want, and you have consent to message them - a mass texting service can be a very powerful communication tool for delivering reminders, notifications, and alerts. Is mass texting illegal? Let's look at the law.

Telephone Consumer Protection Act Of 1991 (or commonly referred to as the TCPA)

While mass texting is by no means illegal, it is heavily restricted. The U.S. government has a long history of regulation, protecting consumer privacy concerning telemarketing and robocalls, and this also extends to texting. The most critical piece of legislation narrowing the scope of acceptable telemarketing practices came with the TCPA of 1991, which amended the original Communications Act of 1934.

Unless recipients had given prior consent, as of 1991, companies wishing to employ mass texting or calling had to heed the following restrictions:

● Calling before 8:00 a.m. and after 9:00 p.m. (recipient’s local time) is prohibited.

● Anyone registered in the National Do Not Call Registry cannot be a recipient of an organization’s mass calls or texts.

● Unsolicited faxes for the purposes of marketing are prohibited in any case.

● Robocalls to emergency services, hospitals, doctor’s offices, healthcare facilities are prohibited.

● Any calls made to lines for which the recipient is charged for the call are prohibited.

● No artificial voices or recorded calls can be made to residences without the recipient giving prior consent (opting-in). (This portion gets more specific with the amendment that came in 2013, discussed below)

● Business conducting mass calls or texting must identify themselves, or identify who they are calling for.

● Companies must provide a callback number or reply option.

● A company or organization advertising via mass calls or texts must maintain a Do Not Call (DNC) list of recipients who do not wish to be called or texted. Opt-out requests must be honored for at least five years.

● No solicitations can be made that take up two or more lines of a multiple-line business at a time.

● Violations of the Telephone Consumer Protection Act give the recipient of any unwanted call or text the right to sue for up to $1,500 per unsolicited text or call.