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.”