How Cos. Can Obtain TCPA-Compliant Text Message Consent

By Natalie Nahabet and Sarah Shyy (December 12, 2019, 1:51 PM EST) -- The Telephone Consumer Protection Act makes it illegal to use an automatic telephone dialing system to text or call consumers for telemarketing purposes without prior express written consent.[1]

Adequate consent under the TCPA remains a highly litigated issue within the U.S. Courts of Appeals for the Second and Ninth Circuits, particularly for text message communications.[2]

Many companies have utilized popular tools such as clickwrap agreements and double opt-in processes to obtain consent under the TCPA.

Clickwrap Agreements

Many businesses use clickwrap agreements to obtain consent to user agreements. Such agreements require website users to affirmatively manifest consent by clicking on an...

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