Hey! I’m looking for direction when it comes to USA and direct marketing, what federal and state laws do we need to be aware about?
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Hi. In addition to COPPA and general FTC guidance applicable to the handling of consumer data, there are a couple of federal provisions to keep in mind:
– Email – The CAN-SPAM Act of 2003 governs general commercial email (emails advertising or promoting a commercial product or service). Consent isn’t needed to send commercial email, but you have to honor an opt-out request within 10 business days. A clear option to opt-out is required.
– Text and SMS – The Telephone Consumer Protection Act governs the sending of text or SMS messages. You need prior express written consent for the sending of a marketing text message using an autodialer. You have to immediately honor an opt-out request from marketing text messages.