SMS/Text. Marketing using text messaging is regulated the same as email marketing, via the Telephone Consumer Protection Act (TCPA) and Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act. Text messaging requirements include, but not limited to: • Clearly communicate what type of text messages customers can expect. • Get permission • Pay attention to frequency • Include disclaimers • Provide an exit for customers who no longer want to receive such messaging
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