A retailer plans a marketing push that sends promotional SMS text messages using an automatic dialling platform to mobile numbers it gathered through online sign-ups. The compliance lead reasons that because the messages are written, they fall under the email marketing statute and require only accurate headers, an opt-out link, and a postal address. Which assessment of the governing law for these autodialled marketing texts is correct?
- ACAN-SPAM governs the texts because it covers all electronic commercial messages, so accurate headers, an opt-out link, and a postal address are the complete compliance set.
- BThe Telemarketing Sales Rule governs the texts and requires the retailer to scrub the recipient list against the national Do Not Call Registry before sending.
- CThe TCPA governs these autodialled marketing texts and requires prior express written consent, so treating SMS as if CAN-SPAM's email rules alone applied understates the obligation. Correct
- DNo federal statute governs marketing text messages, so the retailer need only follow the platform vendor's terms of service to send the campaign lawfully.
Why A is wrong: Tempting because texts are electronic and written, but CAN-SPAM centres on commercial email; autodialled marketing texts are regulated as calls under the TCPA, so CAN-SPAM's checklist is not the complete or controlling standard.
Why B is wrong: Tempting because the TSR addresses telemarketing, but the Do Not Call registry and TSR framework target voice sales calls, and the consent standard for autodialled marketing texts comes from the TCPA, so naming the TSR as governing is incorrect.
Why C is correct: Correct: the FCC and courts treat autodialled marketing text messages as calls under the TCPA, which demands prior express written consent for such messages, so leaning solely on CAN-SPAM's email duties misses the controlling and stricter standard.
Why D is wrong: Tempting because text-specific rules feel like a gap, but the TCPA squarely covers autodialled marketing texts; relying on a vendor's terms instead of federal consent law would leave the campaign unlawful, so this is wrong.