SMS Text Messaging And The TCPA

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