FACTS:

An agent wants to send unsolicited text messages to consumers as part of a marketing campaign.

ISSUE:

Can an agent send text messages as part of an unsolicited marketing campaign?

ANSWER:

No.

DISCUSSION:

The Federal Trade Commission (FTC) provides information regarding unsolicited text message marketing:

Text Message Spam is Illegal
It’s illegal to send unsolicited commercial email messages to wireless devices, including cell phones and pagers, unless the sender gets your permission first…If you receive unwanted commercial text messages, file a complaint with the FTC.

Therefore, agents should not participate in text-message marketing.

Note, the FTC lists an exception:

Transactional or relationship types of messages.
If a company has a relationship with (a consumer), it can send (the consumer) things like statements or warranty information.