What to do? A Mobile Marketing Association webinar will provide both answers and insight. The webinar — “FCC Proposes New TCPA Laws – What Every Retailer Needs to Know About The Telephone Consumer Protection Act” — is set for Wednesday, August 5 from 1 to 2 p.m. (CDT).

It’s especially timely.

“On June 18 the FCC issued new requirements for those engaged in text and telemarketing,” reports the Mobile Marketing Association (MMA), sponsor of the free webinar. “What do these new rulings mean to your company? Is your company at risk when making automated outbound calls or sending texts? Is your company taking the right steps to mitigate TCPA risks?”

The MMA is working with partner Neustar, a good source of authoritative information. Federal Trade Commission veteran and Neustar Chief Privacy Officer Becky Burr will be one of the presenters. She’ll be joined by Neustar’s Adam Russell, who will discuss how authoritative consumer intelligence is helping to mitigate risk while also driving operational efficiencies.

Webinar topics include: what retailers need to know about the FCC’s new regulations under TCPA; best practices for mitigating TCPA compliance risk; why verifying consumer data is critical to both risk mitigation and operational efforts; and how the constant change in consumer data requires the most extensive, up-to-date, and accurate data.

To register or to learn more, click here.

The post What Every Retailer Needs to Know About the TCPA, Reducing Litigation Risk appeared first on Mobile Marketing Watch.

The Illinois 7th Circuit Court of Appeals recently made the ruling against Path, a popular messaging service for Android, which reportedly sent bulk SMS messages to some users’ entire phone books, asking contacts to sign up or relaying “notifications.”

It’s not the first time this issue has reared its ugly head. A simply Google search shows a raft of commentary on the Path methodology. Here’s one, posted at Phandroid more than a year ago: “Word began spreading a few days ago after Path seemingly wigged out on a few users, sending mass SMS messages to everyone in their phone book — ex girlfriends, tire shops, grandmas, etc. — notifying them that the sender had “photos” for them waiting on Path. Not the kind of thing you would want sent to your buddy’s wife on a Friday night.”

Illinois resident Kevin Sterk has complained that he received a text message stating that another person — Path user Elizabeth Howell — wanted to show him photos on the service. The text also contained a link to a site where Sterk could register to join the social network.

“The move lets stand a prior ruling by U.S. District Court Judge Samuel Der-Yeghiayan in the Northern District of Illinois, who allowed state resident Kevin Sterk to pursue allegations that Path violated the federal Telephone Consumer Protection Act. That law prohibits companies from using automated dialers to send users text message ads,” noted Media Post in a story on the legal development.

While Path is arguing that the case should be thrown because its system doesn’t use “automated dialers” and its system only sends SMS messages to people whose phone numbers were provided by users, the company is finding few friendly ears.

Path believes the court decision marks a “dramatic expansion” of the federal telemarketing law and opens up new legal risks for any firm that sends text messages.

“Path isn’t the only company that allegedly tried to grow its network by spamming people,” said Media Post. “Lyft also is facing a potential class-action lawsuit for allegedly running an “aggressive marketing campaign” that sends people unwanted SMS messages.”

It’ll be a case to watch as text messaging service companies and consumers wage a battle over what is appropriate and what is considered unwanted and undesirable.

The post Appeals Court Gives Go-Ahead to Text-Spam Case Against Path Messaging Service appeared first on Mobile Marketing Watch.

The company has been accused of sending SMS messages to consumers without first inviting them to join their service, and the recent ruling to toss their dismissal argument allows the class-action lawsuit filed by Illinois resident Kevin Sterk to proceed.

Filed in March 2013, Sterk’s complaint alleges that the social networking service violated TCPA laws by sending SMS ads using auto dialers without first getting permission from recipients. In his complaint Sterk alleges that an unsolicited text was sent to him by Path telling him that another Path user wanted to show him photos on the service’s website, and that the same message also had a link to that website with instructions on how to register and join.

Path argued that, since their company was relying on “human intervention” and only sent messages to people whose phone numbers were provided by the already existing Path users, they weren’t using an automated dialing system.

U.S. District Court Judge Samuel Der-Yeghiayan disagreed with their argument.  He ruled that “The undisputed evidence shows that the equipment used by Path’s agent made calls from the list without human intervention,” adding “It is such calling that the section of the TCPA at issue in this case covers, not the collection of numbers for storage.”

Path has a number of other arguments pending, but this round definitely goes to the US District Court.

The post Evidence Shows that Path Violated TCPA with Mobile SPAM appeared first on Mobile Marketing Watch.

On October 16th, the FCC began enforcing a strict new set of rules pertaining to calls and text messages directed at consumers on their mobile phones.

The new rules, for example, require marketers to gain written consent from a consumer prior to adding that consumer to a mobile marketing campaign. This mandate, however, has proven confusing, controversial, and a counterproductive burden thrust upon responsible mobile marketers.

The paramount problem, mobileStorm contends, is that millions of Americans have already provided permission to receive promotional text message communications from the businesses and brands they know and trust.

On December 2^nd, mobileStorm submitted comments to the FCC in support of the arguments and objectives put forward by the Mobile Marketing Association (MMA), and a broad coalition of mobile engagement providers.

In the post, mobileStorm asserts that greater clarification and guidance from the FCC are essential to reduce consumer confusion, ease burdens on businesses (many of which are small businesses) that would be forced to expend more time and resources re-securing the consumer permissions they’ve already painstakingly secured, and also curb the likelihood of frivolous class action lawsuits stemming from the ambiguous language found in the TCPA.

To read the complete post on mobileStorm’s Digital Marketing Blog, click here.

The post mobileStorm Stands Up for Mobile Marketers in Comments to the FCC appeared first on Mobile Marketing Watch.

Last week, MMW hosted a webinar with a number of mobile industry leaders, legal experts, and executives who shared their counsel ahead of tomorrow’s implmentation of the regulations government mobile marketing,

As of October 16th, the TCPA – created by the Federal Communications Commission (FCC) – will formally update the rules and regulations regarding marketing phone calls, giving individuals the right to file lawsuits and collect damages for receiving unsolicited telemarketing calls, faxes, prerecorded or autodialed calls.

Businesses across multiple industries can protect themselves from negative consequences and expensive fines for violations by utilizing WhitePages PRO’s Phone Lite, which was built on PRO’s recently released new API, to identify and validate customers in their contact databases, further enriching their records with this crucial customer intelligence.

“Even unintentional calling mistakes can be high profile, costly, and reputation damaging for businesses, making it imperative that companies understand and adhere to new guidelines,” explains Barry Chu, Director of Product Management for WhitePages PRO. “By understanding the customers on your call list, marketers can avoid the fate suffered by corporations such as Google, Jiffy Lube, and Papa John’s, all of whom were recently hit with multi-million dollar settlements for failing to comply with TCPA regulations.”

The new TCPA rules will require businesses to obtain prior unambiguous, written consent from consumers in order to use auto-dialers to call wireless phone numbers.

“Phone Lite provides access to the industry’s most comprehensive database of consumer contact information, enabling businesses to immediately identify phone number details on sales lists, including phone type (landline, cell, non-fixed VOIP), helping to ensure that businesses are not calling restricted numbers,” the team at WhitePages said Tuesday.

The post WhitePages Wants to Help Marketers Comply with New FCC Regulations appeared first on Mobile Marketing Watch.

The new rules, for example, will make it incumbent upon marketers to gain written consent from a consumer prior to adding that consumer to a mobile marketing campaign.

Recently, MMW caught up with attorney Ross Buntrock, partner at esteemed Washington, DC- based law firm Arent Fox LLP.

According to Buntrock, marketers and related professionals across numerous industries – from healthcare to gaming – must urgently educate themselves on a host of emerging issues related to consumer privacy, location based services, and the Telephone Consumer Protection Act (TCPA).

MMW: Are issues of improper compliance primarily a matter of ignorance or negligence for those who aren’t compliant with their programs?

Buntrock: I think a lot of it arises from confusion. I think a lot of people are unsure of where to put their energies when they are thinking about compliance and – to your point and to your question’s point – sometimes people are simply negligent in failing to adequately address compliance issues. People have dollar signs in their eyes and everyone is out there to make a buck. But it can quickly head south if you don’t pay attention to compliance on the top side. Even what might seem to be an immaterial amount of lack of compliance or a small number of messages – something that on the surface looks like a very discreet non-issue – can have huge consequences in terms of litigation, fines, and all sorts of trouble you can get into. You know, we’re not here to dissuade people from using the mobile channel and all the great technology that’s out there to help people push information to their customers. We’re really here to say that this is a great opportunity but you’ve got to know how to use it.”

MMW: What can companies do to stay out of the courtroom from improper compliance?

Buntrock:  The reality is, there are rules that are changing [on October 16th] having to do with TCPA compliance and – in a related matter – a case of first impression was just decided by the third circuit court of appeals which addresses the issue of whether or not consumers can withdraw consent. And so with those two developments, things are only going to get worse before they get better, in terms of having to face some of these really crazy clash actions and other types of complaints. So, that being said, people can prepare themselves for these changes and legal developments by taking defensive action up front. You may not be able to avoid being sued, but you can have a good defense in place and a compliance program that helps you dispose of the litigation or the inquiries that come from a state regulator or federal regulator more quickly. You need to be able to demonstrate that you know the rules, comply with the rules, and have a memo in the files explaining exactly what your compliance program is. Those are some tactical things that you can do.

Because of these coming changes, an emergency webinar has been scheduled for October 10th, 2013 where we will bring together thought leaders in the industry to provide guidance for mobile marketers.

Ross Buntrock, along with Michael Hazzard of Arent Fox, Rip Gerber of Locaid, and Jared Reitzin of mobileStorm are scheduled to participate in this forthcoming webinar hosted by Mobile Marketing Watch, mHealthWatch, and mGamingWatch that will explore and illuminate the new intricacies of mobile compliance.

To learn more and to register for the webinar, click here.

The post Emergency Webinar Will Address Urgent Matters in Mobile Marketing appeared first on Mobile Marketing Watch.

Erin Mock, a resident of the state of Tennessee, filed a complaint in federal court asserting that Viacom violated the Telephone Consumer Protection Act by allegedly spamming her mobile device.

The text messages included ads promoting MTV programming.

The law referenced specifically prohibits companies from sending SMS messages without prior consent from the recipient.

Damages upwards of $1,500 per incident could be awarded.

Mock says she initially provided her cell phone number to Viacom in response to an ad urging people to vote via text for their favorite Video Music Awards nominees. She says that the ad, which aired during the MTV’s 2011 broadcast of the Video Music Awards, didn’t warn people that voting would subject them to “future text spam advertisements.”

Over the next four weeks, Mock says she received several text messages promoting everything from Jersey Shore to Real World – two popular MTV programs.

“The TCPA was designed to prevent calls and messages like the ones described within this complaint and to protect the privacy of citizens,” Mock asserted in the lawsuit.

Viacom is yest to issue a formal response to the suit and its underlying claims.

Mock is seeking both monetary damages and an injunction against Viacom.

The post Viacom Accused of Allegedly Spamming Mobile Users appeared first on Mobile Marketing Watch.

The notification went to persons who had previously received a text message promoting footwear and apparel company Steve Madden’s products and events. Given how a resolution to this mess is shaping up, a boatload of cash payments could be headed for a large number of people.

The Steve Madden settlement will resolve a class action lawsuit, titled Ellison v. Steven Madden, Ltd., that alleges the company sent unsolicited text messages to consumers advertising Steve Madden’s fashion products and promotional events. According to the class action lawsuit, these text ads violated the Telephone Consumer Protection Act because consumers did not consent to receive them.

It should be noted that Steven Madden “denies any wrongdoing” but has agreed to establish a $10 million class action lawsuit settlement in hopes of expediting a resolution to the litigation.

According to published reports, class members of the Steven Madden text class action settlement “include all U.S. persons who, from July 2010 until September 25, 2012, received a text message promoting Steve Madden products and/or events from the “short codes” 91919 or 623336.”

For now, all eyes are looking ahead to a final fairness hearing scheduled for February 25, 2013.

All claim forms and related information about this matter can be obtained here.

The post Settlement Proposed in Class Action Suit Over Unsolicited Text Messages appeared first on Mobile Marketing Watch.

The beverage giant is facing a new class action lawsuit born of the assertion that consumers were unable to opt-out of receiving text messages. As we all know, that is a violation of the Telephone Consumer Protection Act.

Coca-Cola apparently doesn’t understand that STOP means STOP, especially when you’re running an SMS marketing campaign.

According to the Tatango post, the Defendant, Shaghayegh Missaghi, says that she received the following message from the short code 2653, which spells the word ”COKE”:

“MyCokeRewards: Enter now for your chance to win Coke(R) and Pringles for a year. http://cokeurl.com/mSnacks NoPurNec. Ends 2/29/12 Reply HELP for help.”

Unfortunately, Shaghayegh couldn’t opt-out of the SMS campaign. And she went on to receive many more unwanted text messages.

“From my experience,” says Derek Johnson of Tatango, “this kind of issue is rarely the fault of the brand, and usually a technical issue with the SMS platform they’re using. This is why it’s super important to select the right SMS platform, and always do your own audits of the system to make sure everything is working as it should.”

The post Coca-Cola’s SMS Troubles Continue appeared first on Mobile Marketing Watch.

The latest of which has to do with whether SMS should be subject to USF (Universal Service Fund) contribution requirements, and was the topic of an open letter to the FCC by the CTIA recently.  For a little background, the USF was created by the FCC in 1997 to help meet the goals of the Telecommunications Act of 1996 which states that “all providers of telecommunications services should contribute to federal universal service in some equitable and nondiscriminatory manner.”

In plain English, it means that telecommunications companies must contribute to a central fund to ensure everyone has access to basic communication services.  As of the first quarter of 2011, the USF fee, which changes quarterly, equals 15.5 percent of a telecom company’s interstate and end-user revenues.  The CTIA sees these requirements as outdated and is asking the FCC for USF reform — especially in relation to SMS.  “Since the universal service fund (USF) was created in the era of wireline communications, the outdated programs such as Lifeline and Linkup emphasize landlines, even though today’s low-income consumers prefer wireless technology,” the CTIA said in a recent blog post on the subject.”  “That’s why USF reform is critical.”

In it’s reply comments to the FCC, the CTIA explained why SMS is an integrated information service, not a telecommunication service, and therefore not subject to USF contribution requirements.  Instead, CTIA argues that the USF is funded by contribution requirements imposed on CMRS providers and telecommunications services, including contributions by wireless carriers for voice minutes.  However, it doesn’t include information services such as email, instant messaging, Twitter, Facebook and text messages.

“SMS messages rely on protocol conversion, computer processing, data storage and information retrieval functionalities,” the group said in its reply to the FCC.  “SMS is also not interconnected to the public switched network (PSTN).  Imposing USF burdens on SMS would have far-reaching negative consequences. As with any government regulations, the additional regulatory costs would ultimately be passed along to consumers.  Higher prices would also put SMS at a disadvantage to other similar information services, including email and other online messages services.”

The post CTIA Calls On FCC To Keep SMS Free From USF Contribution Requirements appeared first on Mobile Marketing Watch.