Text message marketing is a heavily regulated channel, and new legislation is being written every day to establish updated rules and guidelines in the United States. However, specific details can still sometimes be unclear or confusing. That's why it's important to always consult your legal counsel whenever new laws are enacted and you have any questions.

The Florida Telephone Solicitation Act (or FTSA) is state-level legislation written to protect Florida consumers from unwanted messaging and ensure they know how to get in touch with the brands they subscribe to.

Note - There has been an increase in court cases filed where this provision is being litigated. Plaintiffs are making claims alleging violations against some unclear language that references the requirement to include customer service telephone number/contact information as part of any call or message that prompts a sale.

To prevent your program from additional scrutiny and potential legal claims, Listrak suggests you consider adopting one of the following options as part of your messaging strategy:

  1. Include your customer service telephone number in ALL Text Message Marketing campaigns you send.
  1. Include your customer service telephone number in at least one Text Message Marketing campaign a month, preferably when including HELP/STOP language.
  1. Continue your current messaging practices, with additional legal claim monitoring.

Additionally, consider adding your customer service telephone number to your standard HELP system message and within your Contact Card details if not already in place. Note that if you decide to add it to your HELP system message, though, it must be a toll-free number according to CTIA and individual carrier guidelines.

Your legal counsel should always provide the final say about compliance-focused strategies, but Listrak is here to help and give you recommendations as needed. For more information, reach out to your Listrak Account Manager.

Note – The information outlined herein is for information purposes only and is not legal advice. You are responsible for ensuring your marketing program complies with all federal and state laws. It is recommended that your legal team reviews and approves your marketing program.

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