Leads In An Hour Review By Rob Swanson – Honest and Open – Non Compliant

 

Once again one more sales pitch came across my desk promising easy free leads in one hour.    This information once again is nothing new.    In fact one module is already outdated.  The module about text message marketing which is being so highly touted on the sales page is NON Compliant with new text messaging law coming into effect Oct 16th.

NEW REGULATIONS FOR TEXT MESSAGE MARKETERS

 “Clear and Conspicuous Disclosure” Now Required for Text Message Opt-Ins The following information is to be used as a guideline to the new TCPA regulations that begin October 16, 2013.  It is not intended to offer legal advice.  You should always seek your own legal advice when providing text message marketing services. Beginning October 16, 2013, new laws under the Telephone Consumer Protection Act (TCPA) will be in force.  The TCPA applies to both voice and short message service (SMS) text messages if they are transmitted for marketing purposes.

Under the new TCPA rules, an advertiser must now have unambiguous written consent before sending a text message to the consumer.  The consumer consent must include a “clear and conspicuous disclosure” that he/she will receive future contact via text message.  The advertiser bears the burden of proof to demonstrate that a clear and conspicuous disclosure was provided.  Such written consent should be maintained for at least four years which is the statute of limitations provided by the TCPA.

In the past, businesses were able to send a marketing text message to a consumer if it had a previous “established  business relationship” with the customer.  Under the new TCPA, established business relationship no longer relieves advertisers of the prior unambiguous written consent requirement.  Advertisers need to obtain such written consent even if they previously had a business relationship with the consumer.

There are significant fines for the violation of the TCPA between $500 and $1500 per message for non-compliance.

We urge all mobile marketers to read and follow the rules of the TCPA. I would not recommend his course for this reason, and the other material looks like Re-hashed Private Label material that was bought for other uses.

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