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Businesses must comply with privacy laws regarding SMS marketing

On Behalf of | May 21, 2021 | Business Law

Marketing is an important part of growing a business. Without the right marketing strategies, potential clients and consumers may not know that a product or service is available. However, there are laws surrounding marketing and marketing strategies, and if a business does not comply with privacy laws, serious trouble could result.

One way that businesses in Georgia and other states might consider marketing is through text messages. These days, most people prefer to text or email rather than speak over the phone, so businesses typically want to take advantage of these written ways to contact potential clients and customers. However, privacy laws relating to text message marketing must be complied with. The laws relate to client and customer permission for receiving messages and disclosures relating to the messages themselves.

Some information that businesses should include in these marketing campaigns include:

  • Clear ways for individuals to opt-in for an SMS marketing campaign, such as texting to join, filling out a paper form, using an online form, or entering an email address or phone number on a website
  • Details about the program
  • An estimated number of messages they will receive in a given period
  • Instructions on how to opt-out of the program
  • A link or directions to where clients and customers can read the full terms and conditions of the marketing campaign and privacy policy

If businesses are accused of not complying with privacy laws relating to marketing campaigns, they could face civil lawsuits as well as hefty penalties from the Federal Trade Commission, Federal Communications Commission and other agencies. As a result, if accusations of violations come against Georgia businesses, it is wise for owners to fully assess the claims and look into their defense options. The assistance of experience business law attorneys could prove useful when defending against claims.

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