Monday, October 12, 2009

White Paper:  Gumiyo and TCPA, CAN SPAM Compliance

How the Mobile Ready Platform enables mobile marketers to execute campaigns that are in compliance with federal communications laws

Gumiyo is in the mobile marketing business and we provide some very sophisticated mobile marketing tools as part of our Mobile Ready Platform.  As a result, our partners and their respective customers have come to us in order to employ text messaging as a way to communicate with their audiences.

There has been a great deal of discussion and legal precedence with regard to text messaging and how it relates to the Telephone Consumer Protection Act (TCPA)and the CAN SPAM act.  Because these laws were enacted prior to consumer and commercial usage of this technology, the FCC and the courts are still trying to determine how these rules apply.  Interestingly, the current consensus is that text messaging falls under both acts.  In other words, in some ways a text message is similar to a “phone call” and in other ways it has characteristics shared with email.

Before going further, it is important to note that the Mobile Marketing Association (MMA), of which Gumiyo is a member, has a very definitive set of guidelines and codes-of-conduct for mobile and text message marketing.  These guidelines are in place so that mobile marketers (i.e., Gumiyo’s partners and their customers) know how to remain within the boundaries of these federal and state laws.  In addition, the MMA guidelines serve also to empower us to provide a satisfying and value-driven consumer experience that protects privacy and provides full and clear disclosure of services, billing, and opt-in/out procedures.  Mobile marketing programs and mobile content distribution executed with Gumiyo’s Mobile Ready Platform are, by default, in accordance with the MMA and thus with the TCPA and CAN SPAM acts…

Please request the complete white paper by sending an email to (JavaScript must be enabled to view this email address)