Wednesday, May 16, 2018, 2:17 PM

Marty Stern & Artin Betpera in Radio Ink: Is Your Texting Promotion Legal?


A federal court in Louisiana ruled that Marketron Broadcast Solutions did not violate the Telephone Consumer Protection Act (TCPA) by texting a radio listener about an upcoming concert. Womble Bond Dickinson attorneys Marty Stern and Artin Betpera write about the case in the latest edition of Radio Ink.

The listener sued Marketron after responding to a radio ad inviting listeners to text the station in order to win concert tickets. She did, and in response, received a confirmation text that included a web link to purchase tickets.

The listener sued, claiming a violation of the TCPA. But the court granted Marketron’s motion to dismiss, ruling that the listener had provided consent and that the reply message was “a permissible one-time informational text sent in direct response to a consumer’s inquiry.”

However, Stern and Betpera say the line between permissible and impermissible can be a fine one. “Broadcasters should remain particularly cautious regarding any additional information included in these type of text-backs beyond that explicitly covered in the call-to-action and requested by the consumer,” they write.


For much more coverage of TCPA issues, go to Womble Bond Dickinson’s TCPALand.com.

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