Text Message Marketing In 2021: Recent Developments At The Federal And State Level – Media, Telecoms, IT, Entertainment – United States

Businesses across many different industries utilize text
messaging programs to communicate with their consumers, both
through rewards programs or general text message marketing
campaigns. The benefits of these programs to both businesses and
consumers are apparent, but text message communication with
consumers has often been seen as a prime target for the
plaintiffs’ bar. Although the recent U.S. Supreme Court
decision that clarified that only a narrow definition of an
automatic telephone dialing system (“ATDS”) applies under
the Telephone Consumer Protection Act (“TCPA”) curbed
some litigation, developments at the state level may present new
challenges.¹ Companies should not overreact, but should
be prepared to act accordingly as the landscape surrounding
telemarketing laws develops.

On April 1, 2021, the U.S. Supreme Court unanimously held in
Facebook Inc. v. Duguid that “Congress’ definition of an
autodialer requires that in all cases, whether storing or producing
numbers to be called, the equipment in question

Article source: https://www.mondaq.com/unitedstates/telecoms-mobile-cable-communications/1126842/text-message-marketing-in-2021-recent-developments-at-the-federal-and-state-level