Messaging about Deals, Sales or Curbside Pickup? What to Consider Before Texting Customers

March 30, 2020
Molly A. Arranz
SmithAmundsen Data Privacy & Security Alert


Practice Areas


Cell PhoneBusinesses continuing to operate with shelter in place directives due to the COVID-19 pandemic may be contemplating adjusting their consumer and client outreach. Companies accustomed to interpersonal interactions may be thinking about staying connected with consumers via text messages.

Before a business embarks on a new informational initiative or sales outreach by text, consider the permissions and consent you need to have in place first. Indeed, the Telephone Consumer Protection Act (TCPA) protects against invading consumers’ privacy with certain kinds of mass communication. Implementing innovative sales techniques may not be as easy as utilizing contact information you have accumulated over time if you don’t have the right permission.

If you want to engage with customers via text message, consider the following before you press send:

Right now, your focus on communication to existing and potential customers likely consists of considering what can be done from afar, quickly and with the touch of a button. Text messages can be a great option to “spread the word.” But, before you launch that outreach, you first need to consider the import of privacy rights protecting against unsolicited text communications. You need certain permissions prior to reaching out to customers. A misstep may invite unexpected or unintended legal liabilities.