How Text Message Laws Vary By State

The Telephone Consumer Protection Act (TCPA) is a federal law that regulates the use of automated calls and text messages for marketing purposes. The TCPA requires businesses to obtain prior express written consent from consumers before sending them text message marketing or advertising. The law also requires businesses to include an opt-out mechanism in all text messages, allowing recipients to easily opt out of receiving future messages.

While the TCPA is a federal law, some states have their own additional laws and regulations that govern text message marketing. These state laws can impose additional requirements and restrictions on businesses engaging in text message marketing, such as requiring additional consent, disclosure, or opt-out procedures.

Businesses can obtain information on the text message marketing laws in their specific state by consulting the relevant state government websites or contacting the state Attorney General’s office. They can also consult with legal professionals who specialize in marketing or advertising law to ensure compliance with state and federal regulations. Some states that have the most specific laws regulating text message marketing include California, Florida, New York, and Texas

California

In California, businesses must abide by the California Consumer Privacy Rights Act (CCPRA) which went into effect on January 1, 2023. This law provides additional rights and protections for California residents regarding the collection, use, and sharing of their personal information. Businesses must provide a clear and conspicuous opt-out mechanism for consumers to opt-out of the sale or sharing of their personal information. The California Consumer Privacy Act (CCPA) similarly protects the personal information of California residents and requires businesses to provide a clear opt-out mechanism. Also, under Section 17529.5 of the California Business and Professions Code, businesses must obtain consent from consumers before sending text messages in writing or through an electronic signature.

Texas

Like California, Texas has its own set of laws that govern text message marketing. Under Section 35.47 of the Texas Business and Commerce Code, businesses must obtain consent from consumers before sending text messages for marketing purposes. The consent must be obtained in writing or through an electronic signature.

Florida

The Florida Telemarketing Act requires businesses engaged in texting customers and prospects to register with the state of Florida and obtain a license. The law also requires businesses to provide consumers with certain disclosures, including the name of the telemarketer and the purpose of the call. Florida also maintains a state-specific Do Not Call List which allows consumers to opt-out of receiving calls and texts from businesses. Businesses must maintain a copy of the Do Not Call List and honor opt-out requests. Finally, the Florida Deceptive and Unfair Trade Practices Act prohibits businesses from engaging in deceptive or unfair trade practices, including false or misleading advertising.

New York

Like Florida, New York State maintains a state-specific Do Not Call Registry, which consumers can register for to opt-out of receiving telemarketing calls and text messages. Businesses must honor opt-out requests from consumers on the list. New York also has its own set of laws that govern text message marketing. Under Section 399-z of the New York General Business Law, businesses must obtain consent from consumers before sending text messages for marketing purposes. The consent must be obtained in writing or through an electronic signature.

In addition, New York maintains the Truth in Advertising Law which prohibits businesses from making false or misleading statements in their advertising. The New York State Consumer Protection Law also protects consumers from deceptive advertising practices. 

Summary

It is important for businesses to comply with these laws and regulations to avoid potential legal liability and penalties. It is recommended that businesses consult with legal counsel to ensure their text message practices are in compliance with all applicable laws and regulations. Complying with text message regulations can also help businesses establish consumer trust and loyalty. When businesses obtain consent and provide clear information about their outreach practices, consumers are more likely to engage with their sales efforts and feel more confident about sharing their personal information.

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