Anyone know the laws about texting people with ads?

[moltar]

Let's say we have optin phone numbers. Can we legally SMS them follows ups? Would that depend on what the T&C said or is there an overriding law against that?

Thanks!

 

[nickthrolson]

SMS spam is illegal under common law in most jurisdictions as trespass to chattels.[1] Jurisdictions with specific SMS spam regulation and fines include Australia[2], the EU and others; in the US, violators face substantial costs[3]; in a recent settlement, the violator agreed to pay $150 to each spam recipient[4]. In the US, the Federal Trade Commission (FTC) has expanded Phone Spam regulations to cover also Voice Spam - mostly in form of prerecorded telemarketing calls - commonly known as robocalls.[5] Victims can file a complaint with the FCC here.[6] In California, Section 17538.41 of the B&P Code bans text message advertisement.[7] Consumers can sue on an individual or class basis per a private right of action against unfair business practices.[8]

Source : Mobile phone spam - Wikipedia, the free encyclopedia

 

[moltar]

But spam is not opt in. Our list is optin.

 

[erifdekciw]

Im pretty sure you can. I see people who get messages from shit they signed up for all the time. the first part of the message might have something to do with what they signed up with like a small vote quiz and then the other half of the message is an offer for some product.

 

[BigWill]

But spam is not opt in. Our list is optin.

Optin how so?

I was part of a startup cellphone advertising co. When we opted people in, we were sure to let them know they would be getting ads from X then they could also opt in for ads not from X.

You could hide it in your terms if you want to be shadey though.