Short Message Service (SMS) text messaging has become a
ubiquitous form of communication for people over the last
decade.  Consequently, marketers and advertisers who are
continuously refining their processes to more successfully connect
with current and prospective consumers have gravitated to the
medium in droves.  Oftentimes, however, they do so without
regard for the nuanced and particular regulations that govern SMS
text message marketing.  

What are the rules applicable to SMS text messaging?

Both federal and state laws provide unique privacy protections
for cellphone subscribers.  In fact, there are strict
regulations governing the manner in which cellular telephone
numbers may be contacted for marketing purposes.  The foremost
of these laws is the federal Telephone Consumer Protection Act
(“TCPA”).  In general, the TCPA prohibits placing
telephone calls to cell phones through use of automatic dialing
equipment without the prior express consent of the call
recipient.  It is not unusual for businesses to

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