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Can I offer contests that involve text message promotions in New Jersey? What are the requirements?

Based on the documents provided, you can offer contests that involve text message promotions in New Jersey, but you must comply with certain requirements.

Requirements for Text Message Promotions

According to NJST 2A:65D-1, any message sent without the prior permission of the recipient to encourage the purchase or rental of, or investment in, merchandise is considered an unsolicited advertisement. Therefore, you must obtain permission from the intended recipient before sending any unsolicited advertisement via text messaging [1.3].

Additionally, NJST 2A:65D-2 prohibits sending unsolicited advertising via text message that incurs a telecommunications charge to a resident of New Jersey. This means that you cannot send an unsolicited advertisement by means of text messaging to a communication device capable of receiving text messaging if the recipient of the message may incur a telecommunications charge or a usage allocation deduction as a result of the message being sent [1.1].

Furthermore, NJST 2A:65D-4 requires that any telecommunications company selling or offering to sell text messaging services to customers in New Jersey must offer an option to block all incoming and outgoing text messages that result in telecommunications charges or usage allocation deductions. However, the telecommunications company may continue to send text messages to customers concerning their existing accounts if the customer will not incur a telecommunications charge or a usage allocation deduction as a result of the message being sent [1.2].

Conclusion

To summarize, you can offer contests that involve text message promotions in New Jersey, but you must comply with the requirements outlined in NJST 2A:65D-1, NJST 2A:65D-2, and NJST 2A:65D-4. Specifically, you must obtain permission from the intended recipient before sending any unsolicited advertisement via text messaging, and you cannot send unsolicited advertising via text message that incurs a telecommunications charge to a resident of New Jersey. Additionally, any telecommunications company selling or offering to sell text messaging services to customers in New Jersey must offer an option to block all incoming and outgoing text messages that result in telecommunications charges or usage allocation deductions.

Source(s):
Jurisdiction

New Jersey