Mobile Advocacy Coalition Fights for Mobile Marketings Future
- Thursday, July 2nd, 2009
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A body called the Mobile Advocacy Coalition has been formed in the US to, in is own words lobby the FCC (Fenreal Communications Commission) and protect the future of mobile marketing.
The Mobile Advocacy Coalition was formed in response to the Court of Appeals for the Ninth Circuit's ruling in the case of Satterfield v. Simon & Schuster, Inc. The Court's decision to remand includes instructions that the group says twist the meaning of the Telephone Consumer Protection Act (TCPA) of 1991 in a way that imperils the entire mobile marketing industry. According to the decision, any computer that sends texts is effectively considered an auto dialer, which puts any mobile marketing campaign on the wrong side of the law.
The Mobile Advocacy Coalition is comprised of mobile marketing firms, mobile software providers, and SMS aggregators, all working together to lobby the FCC to issue a Declarative Order establishing our industry partners as mere conduits under the Telephone Consumer Protection Act of 1991.
Fax broadcasters and the cellular carriers have specific exemptions from the FCC as they are considered to be mere conduits, says Shane Neman, CEO of Ez Texing and Mobile Advocacy Coalition Founder. We too are merely the technology providers, and yet still can be liable under the law because no specific exemption is exists for us.
How could the Court interpret a computer that sends text messages to be an auto dialer? The court found that because a computer has the capability to generate a random list of numbers – like an auto dialer – it is an auto dialer. The group asks anyone who does not see the issue with this interpretation to consider that their mobile phone is a computer). So, it doesnt matter whether the mobile marketer adheres to MMA Best Practices or ensures that a list of numbers is opt-in; the interpretation, and thus liability, rests on the issue of capability.
The Court of Appeals has remanded the case to the District Court for further litigation, as it did not agree with the District Court's finding that a computer sending opt-in texts is not an auto dialer. If this interpretation stands, anyone who sends out an SMS-based mobile marketing campaign will be in violation of the TCPA.
The Mobile Advocacy Coalition is currently building a broad coalition of industry participants to lobby the FCC for a Declarative Ruling. It is working with Scott Delacourt, a lawyer at Wiley Rein LLP, who has worked extensively with the FCC, representing the mobile industry.Theres more information here.