As smartphones become ever-present, advertisers are creating unique strategies to market to people on-the-go, and to capture data and personal information about the user.
While there are many legal issues surrounding mobile marketing campaigns, the three most important are: (1) they require an affirmative “opt-in” from the consumer; (2) they minimize consumer information that is collected to only that information necessary for the campaign; and (3) they must comply with federal laws and state laws (which may even override some federal laws).
An equally important problem is that technology and consumer demands have developed so rapidly, yet the law and regulatory pronouncements that are used to regulate this area were written before the wireless world developed. Therefore, regulators are using outdated statutes and regulations to enforce what they perceive to be violations with mobile marketing campaigns. A partial list of these laws included: CAN-SPAM ACT; Do Not Call rules; Telephone Consumer Protection Act; State laws regarding unfair and deceptive advertising; and the Federal Trade Commission Act.
We have experience is dealing with consumer disclosure and consent issues, implementing privacy policies to protect collected data, and privacy and complying with the Mobile Marketing Association best practices guidelines.