Recent State Enactments Regulating Unsolicited Text Messaging Could Have Broad Implications For Companies That Communicate To Customers' Mobile Devices

Two states – New Jersey and Connecticut – have recently imposed additional legal conditions on electronic messaging to mobile devices. In a few ways, these laws may raise the bar for companies on compliance when sending text messages and possibly other forms of messaging to mobile devices.

On October 27, 2015, New Jersey Governor Chris Christie signed into law A-617, a bill prohibiting sending text message advertisements to New Jersey residents without the recipient's prior permission, if the recipient could incur a charge or a usage allocation deduction for receiving the message. Prior permission must be express authorization from the intended recipient specifying the number to which the message may be sent, and may be revoked at any time.  Violators may be penalized by a civil penalty imposed by the New Jersey Attorney General of up to $500 for the first offense and $1,000 each time after. The law also requires telecommunications companies to allow customers to