Robinson Cole LLP
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September 23, 2026 - Article

Text-Message Marketing: Complying with the Law

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In the article, Roma pointed out that a federal law governing text messaging — The Telephone Consumer Protection Act — was enacted in 1991, long before texting became pervasive and “part of the everyday retail playbook…the law has become a significant source of potential liability for companies using automated outreach, prerecorded or artificial voices, and marketing text messages.” For retailers operating nationwide across an uneven legal landscape, Roma suggests they incorporate advance compliance planning especially before a campaign launches.

“Text messaging remains one of the most effective ways to reach consumers, but it currently sits at the intersection of outdated statutory language, evolving technology, and active litigation…By pairing effective customer outreach with documented consent, dependable opt-out procedures, and careful vendor oversight, retailers can place themselves in a stronger position as the legal landscape continues to develop.”

Read the article.