What This Covers
- Consent requirements for texts and calls
- Rules for automated and marketing messages
- Opt-out and recordkeeping obligations
- Enforcement authority and penalties
Consent Requirements
You must have proper customer consent before sending texts or calls.
- Consent must be clear and documented
- Consent cannot be implied or assumed
- Consent cannot be bundled into unrelated agreements
- A general terms-of-service checkbox is not sufficient
Automated and Marketing Messages
Stricter rules apply to mass or automated outreach.
- Automated calls or texts require express written consent
- Marketing messages are regulated more strictly than transactional messages
- State cannabis legality does not change federal requirements
Even one unsolicited message can be a violation.
Opt-Out Rules
Every message must allow recipients to stop future contact.
- Each text or call must include a clear opt-out method
- Opt-out requests must be honored immediately
- Continued messaging after opt-out is a violation
Enforcement and Oversight
- Federal Communications Commission (FCC)
- Federal Trade Commission (FTC)
Violations may result in:
- Civil penalties of up to $1,500 per message
- Federal investigations
- Class-action lawsuits
What Operators Usually Miss
- Point-of-sale opt-ins often do not meet federal standards
- Automated texts require higher consent thresholds
- One message can trigger liability
When This Comes Up
- SMS marketing programs
- Loyalty or rewards programs
- Promotional calls or reminders
- Using third-party marketing platforms
What Happens If You Ignore This
- Per-message fines
- Costly class-action exposure
- Forced shutdown of marketing campaigns
- Increased federal scrutiny
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Source Material