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Marketing Text Messages to Known Telephone Numbers Permitted

Writer's picture: East West General CounselEast West General Counsel


The recent court ruling in Marina Soliman v. Subway Franchisee Advertising Fund Trust, Ltd. offers some good news for businesses using automated systems to send marketing texts. Here's what you need to know:


  1. Texting from Your Contact List is Safe: If your automated system sends texts from a pre-existing list of phone numbers, you're in the clear. The court says that's not what the TCPA is worried about.

  2. Text Messages Aren’t “Voices”: Good news! Text messages aren’t considered “voices” under the TCPA’s rules. So, text away without fearing you're breaking the law.

  3. Respect Opt-Out Requests: Even though Subway won, it’s still a smart move to respect opt-out requests. Annoying customers isn’t good for business anyway.

  4. Check Your Automated Systems: Make sure your systems are dialing numbers from a list you already have, not generating random ones. This keeps you on the right side of the law.

  5. Stay Updated: TCPA rules can change, so keep an eye on the latest legal news to stay compliant. You don't want to be caught off guard.

  6. Get Legal Help if Needed: TCPA regulations can be tricky. Consulting a legal expert can help ensure you're following the rules and avoid any nasty surprises.

By following these tips, you can keep your marketing efforts running smoothly and legally, without worrying about the TCPA police knocking on your door.



©2024 East West General Counsel. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between East West General Counsel and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.


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