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7 Riskiest Dialing Methods Under the TCPA - Automated Text Message

7 Riskiest Dialing Methods Under the TCPA - Automated Text Message
7 Riskiest Dialing Methods Under the TCPA
Automated Text Message
Risk Score
10/10

Definition

An Automated Text Message is a text message sent to a consumer or consumers through the use of an automated text messaging platform. Regardless of whether the message itself is manually or automatically generated, it is treated as an Automated Text Message if an autodialer platform is used to deliver the message. 

What are the risks?

The courts have been unanimous in the viewpoint that a call is a text and a text is a call. Automated text messages should be treated exactly like calls placed using an autodialer and the same consent rules should be observed.

What about Manual Text Messages?

Manual Texts Messages are messages that are initiated by an individual user from a device or software that is not an autodialer.

Case Study

FCC 2015 TCPA Omnibus Declaratory Ruling and Order

This FCC document reaffirmed that text messages are subject to the same TCPA restrictions as phone calls. Automated Text Messages would be considered the same as phone calls placed from autodialers. Manual text messages are generally not considered to be TCPA violations.

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