Catalog / Sends automated texts / LXD-4822

Sends automated texts, in the United States

Telephone Consumer Protection Act, Autodialer and Artificial or Prerecorded Voice Callssince 5 lines

47 U.S.C. 227(b); 47 CFR 64.1200(a) · Read the law's page

  • Obtain the called party's prior express consent before initiating any call or text to a wireless number using an automatic telephone dialing system or an artificial or prerecorded voice, and before delivering a prerecorded-voice message to a residential line, unless the call is for an emergency purpose.
  • Treat a call that uses an artificial intelligence technology to generate a human voice, including voice cloning, as a call using an artificial or prerecorded voice: obtain the called party's prior express consent before initiating it, absent an emergency purpose or exemption, and provide the identification and disclosure information the rules require for the entity responsible for initiating the call.
  • For a telemarketing robocall or robotext (one that includes or introduces an advertisement or constitutes telemarketing), obtain the recipient's prior express written consent, in a signed writing naming the seller and the telephone number to be called, before sending it; a non-marketing, informational autodialed call or text needs only prior express consent, not a signed writing.
  • Let a called party revoke consent at any time by any reasonable method, including replying STOP to a text or using an automated opt-out mechanism on a call, and stop further robocalls and robotexts to that number within a reasonable time not to exceed ten business days of the request; from , a caller that designates an exclusive revocation method must disclose that method clearly and conspicuously on each call or text.
  • Expect a private lawsuit for the greater of actual monetary loss or $500 per violation, which a court may treble to as much as $1,500 per violation for a willful or knowing violation.
Telephone Consumer Protection Act, National Do Not Call Registry and Company-Specific Listsince 5 lines

47 U.S.C. 227(c); 47 CFR 64.1200(c)-(d) · Read the law's page

  • Before placing a telephone solicitation to a residential number, screen it against the National Do Not Call Registry, refreshed no more than 31 days before the call, and do not call a number on it unless the recipient has an established business relationship with you or has given signed written permission.
  • Do not initiate a telephone solicitation to a residential subscriber before 8 a.m. or after 9 p.m. local time at the called party's location.
  • Maintain your own written do-not-call policy, train personnel in it, and honor an individual's request not to be called by you again within a reasonable time not to exceed ten business days.
  • Treat a telemarketing text message to a wireless number as a call for the Do Not Call Registry, calling-hours and company-specific list rules above, to the extent the Commission's rule extends them to wireless numbers.
  • Expect a private lawsuit once a person has received more than one call from you within a 12-month period in violation of these rules, for the greater of actual monetary loss or $500 per violation, trebled at the court's discretion for a willful or knowing violation.
Driver's Privacy Protection Actsince 6 lines

18 U.S.C. 2721 to 2725 · Read the law's page

  • Do not knowingly obtain or disclose personal information from a motor vehicle record (a record of a motor vehicle operator's permit, title, registration or identification card issued by a department of motor vehicles) for any use the Act does not permit, and do not make a false representation to obtain it. Personal information does not include information on vehicular accidents, driving violations, and driver's status.
  • Use such information only for a purpose section 2721(b) lists, for example use by a government agency, safety, recall and theft matters, verifying the accuracy of information an individual gave your business (and, if it is wrong, getting the correct information only to prevent fraud, pursue legal remedies or recover a debt or security interest against the individual), court and arbitral proceedings, research and statistical reports (so long as the information is not published, redisclosed or used to contact individuals), or a use for which you hold the individual's written consent.
  • If you are an insurer, an insurance support organization or a self-insured entity (or its agent, employee or contractor), you may use personal information from a motor vehicle record in connection with claims investigation activities, antifraud activities, rating or underwriting under section 2721(b)(6), and for any other purpose only if another paragraph of section 2721(b) permits it.
  • Do not use personal information from a motor vehicle record for bulk distribution for surveys, marketing or solicitations unless the State has obtained the express consent of the person to whom the information pertains (section 2721(b)(12)); express consent means consent in writing, including consent conveyed electronically that bears an electronic signature, and a recipient under section 2721(b)(12) may resell or redisclose the information only under that paragraph.
  • If you resell or redisclose such information, do so only for a use section 2721(b) permits (but not for uses under section 2721(b)(11) or (12)), unless you obtained it under section 2721(b)(11), in which case you may resell or redisclose it for any purpose, or under section 2721(b)(12), in which case only as that paragraph permits; keep for 5 years records identifying each person or entity that receives it and the permitted purpose (a recipient under section 2721(b)(11) is exempt from that duty), and make the records available to the motor vehicle department on request.
  • If you are a State department of motor vehicles, or an officer, employee or contractor of one, do not knowingly disclose or make available personal information obtained in connection with a motor vehicle record except as section 2721(b) permits, and do not disclose highly restricted personal information (a photograph or image, social security number, or medical or disability information) without the individual's express consent in writing, except for the uses in section 2721(b)(1), (4), (6) and (9).when it serves a public body
Restrictions on Mobile Service Commercial Messagessince 2 lines

47 CFR 64.3100 · Read the law's page

  • Do not send a commercial message to an address that resolves to a wireless carrier's messaging domain on the FCC's wireless domain names list, unless you have the addressee's express prior authorization naming your business and the address to be messaged.
  • Stop sending further messages to that address within 10 days of a request to stop, and provide a cost-free, clearly identified opt-out mechanism in every message.
Truth in Caller ID Actsince 2 lines

47 U.S.C. 227(e) · Read the law's page

  • Do not cause a caller identification service to knowingly transmit misleading or inaccurate caller identification information on a voice call or text message, with the intent to defraud, cause harm, or wrongfully obtain anything of value; this does not restrict blocking your own caller ID.
  • Expect Federal Communications Commission forfeiture liability of up to $10,000 per violation, three times that amount for each day of a continuing violation and capped at $1,000,000 for a single act or failure to act, and a criminal fine of up to $10,000 per violation for a willful and knowing violation; the subsection gives no private suit.
FTC Rule on Impersonation of Government and Businessessince 3 lines

16 CFR Part 461 · Read the law's page

  • Do not materially and falsely pose, directly or by implication, as a government entity or an officer, executive, official, employee or agent of one, in or affecting commerce.
  • Do not materially and falsely pose, directly or by implication, as a business, including a not-for-profit entity, or as an officer, executive, official, employee or agent of one, in or affecting commerce.
  • Do not materially misrepresent, directly or by implication, your affiliation with a government entity or a business or an officer of either, including endorsement or sponsorship by it, in or affecting commerce.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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