- [Instructor] Think about this,
a company has been collecting phone numbers
from a marketing landing page form.
The phone number provided by the prospect
was a mobile phone number.
The company decides to hire an SMS service
to send out text messages regarding a new promotion,
seems harmless, right?
Sending a text message is easier than direct mail
and faster than email.
Did the company do anything wrong?
Let's walk through the three primary legal considerations
considering mobile marketing.
This isn't necessarily the most fun part of the course,
but as one of those topics that you need to know
and be aware of.
I like to call the legalities, the three Ps.
Privacy, permission, and protection.
I'll explain what each of these means.
Privacy.
First let's talk about privacy.
Let's face it.
People don't like their information shared.
So you must disclose your mobile data collection practices.
Are you going to collect GPS location data?
Mobile browsing habits?
Or phone or text log?
The key is to explain how
the info you collect will or will not be used.
Permission.
Next is pertaining consent and permission.
This is probably the most important legal consideration.
Text messages are subject to the TCPA
or Telephone Consumer Protection Act.
Text messages are considered calls.
Sending unsolicited text messages is illegal.
If you don't get a person's consent to send a text message
or automated voice message,
you can pay $500 per violation with no cap
on statutory damages,
which can amount to millions of dollars.
So the key takeaway here is to get consent
before you send a text message.
Protection.
Last is protection.
Businesses collect data in many forms.
So you have to make sure
that you have the proper controls in place
to protect your customer's data.
People expect this.
Fees and charges.
In addition, you should also disclose
the mobile phone text messaging rates
may apply from their mobile carrier,
and disclose any other charges and fees.
There are a few other legal considerations to take note of
depending on who you're targeting
and the delivery method you choose.
For example, if you plan to send an email,
you will need to comply with CAN-SPAM.
If you plan to have apps targeting kids,
you will need to comply with COPPA,
the Children's Online Privacy Protection Act.
If you're planning to advertise on a mobile website
or plan to allow others to advertise on your website,
certain ad networks disclosures may be required.
These are just a few examples.
I encourage you to become familiar with the legalities
surrounding mobile marketing.
So keep in mind that you have to be transparent,
disclose fees and provide the proper controls
to secure people's information.
You can find additional information
regarding privacy requirements by going to the FTC website.
I hope these tips will help you avoid lawsuits
and violations, fines, and penalties.
However, this is not legal advice.
So contact your legal counsel to obtain guidance
specific to your business.