What States Have Their Own Laws Regarding Text Message Marketing?

Several states have their own laws and regulations specifically addressing text message marketing, in addition to federal rules like the Telephone Consumer Protection Act (TCPA). These laws may impose stricter requirements, such as additional consent provisions, specific disclosure mandates, or penalties for non-compliance. Below is a summary of states with notable regulations:

California

Notable Law(s): California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).

Key Provisions:

• Requires businesses to obtain consent before using personal data for marketing purposes.
• Offers consumers the right to opt out of data sharing and processing for marketing activities, including text messages. These opt-outs must be processed within 15 days.
• Stringent requirements for privacy notices and handling personal data.

Florida

Notable Law(s): Florida Telephone Solicitation Act (FTSA).

Key Provisions:

• Requires express written consent before sending text messages using automated systems.
• Implements stricter rules than the TCPA, including statutory damages of up to $1,500 per violation for willful misconduct.
• Limits contact attempts to 3 outbound dials per 24 hour period.

New York

Notable Law(s): General Business Law.

Key Provisions:

• Restricts telemarketing and text message solicitations.
• Imposes additional requirements for consent and record-keeping.

Texas

Notable Law(s): Texas Business and Commerce Code.

Key Provisions:

• Requires clear disclosure of terms when marketing via text.
• Penalizes deceptive trade practices in text-based solicitations.

Washington

Notable Law(s): Washington Consumer Protection Act.

Key Provisions:

• Prohibits unsolicited commercial text messages without prior consent.
• Includes penalties for deceptive or unfair practices in text marketing.

Illinois

Notable Law(s): Illinois Consumer Fraud and Deceptive Business Practices Act.

Key Provisions:

• Enforces clear consent requirements for text marketing.
• Holds businesses accountable for fraudulent or misleading text campaigns.

Common Features of State-Level Text Message Marketing Laws

State-level text message marketing laws often go beyond federal requirements, introducing additional consumer protections and stricter compliance standards for businesses.

• Stricter Consent Requirements: Some states mandate express written consent, especially for automated marketing texts.
• Right to Opt-Out: States like California require clear options for consumers to opt-out of receiving messages.
• Enhanced Penalties: Violations often result in higher penalties compared to federal TCPA regulations.
• Specific Time Restrictions: Some states impose call or text time restrictions, such as limiting communication to certain hours of the day.

How to Stay Compliant

To stay compliant with state-specific laws regarding text message marketing, businesses should:

• Understand Local Laws: Research the requirements for the states where your audience resides. Each state may have unique provisions that significantly impact your text message marketing strategy.
• Obtain Explicit Consent: Use clear and transparent methods to secure consumer permission for text marketing. Consent practices should align with both federal and state-specific requirements to avoid potential legal risks.
• Leverage Compliance Tools: Platforms like PossibleNOW’s DNCSolution can help manage opt-ins, opt-outs, and ensure compliance with both state and federal laws. These tools provide automated tracking and reporting to simplify regulatory adherence.
• Stay Updated: Regulations change frequently, so continuous monitoring is essential.

By integrating compliance strategies with tools like PossibleNOW’s DNCSolution, businesses can mitigate risks and maintain consumer trust.