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Privacy Law Blog

Tag Archives: mobile marketing

Take Two of These, and I will Text you in the Morning (Because It’s Permitted Under the TCPA)

Posted in Direct Marketing

In its Memorandum Opinion and Order dated November 9, 2012, the US District Court for the Northern District of Alabama in Pinkard v. Wal-Mart Stores, Inc. held that under the Telephone Consumer Protection Act (TCPA), when an individual discloses his or her cellular phone number to a business, that individual is deemed to have expressly consented… Continue Reading

Consumer Advocacy Groups Request Federal Trade Commission Action To Stop Perceived “Threat” From Mobile Marketing

Posted in Behavioral Marketing

In a year when behavioral advertising was already expected to be at the top of the hot button privacy issues list, on January 13, 2008, the Center for Digital Democracy (“CDT”) and U.S. Public Interest Research Group (“US PIRG”) filed a document with the Federal Trade Commission (“FTC”) urging the FTC to investigate online mobile… Continue Reading

One Reputable Retailer Takes a $7M Hit On Text Messages

Posted in Direct Marketing

On September 10, 2008, Timberland Company, an outdoor clothing and shoe merchant, along with co-defendant ad agencies GSI Commerce Inc. (“GSI”) and AirIt2Me Inc. (“AirIt2Me”), settled charges brought under the Telephone Consumer Protection Act (“TCPA”) arising from unsolicited text messages advertising Timberland’s holiday sale.  Pursuant to the settlement, Timberland must employ best practices in future… Continue Reading

Emerging Standards For Mobile Marketing

Posted in Direct Marketing

Many B2C companies are beginning to explore marketing to consumers’ wireless devices using text messaging (“SMS,” or “short message service”) and MMS messaging (“Multi-media Messaging Service”). They may even target their promotions based on where the recipient is physically located using the wireless device’s GPS technology. They also may target their promotions to teens and tweens. What legal issues should… Continue Reading