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Can I offer contests that involve text message promotions in Washington? What are the requirements?
Based on the documents provided, offering contests that involve text message promotions in Washington is allowed, but there are specific requirements that must be followed.
Requirements for Text Message Promotions
According to [1.1]" >WARC 19.190.060, no person conducting business in the state may initiate or assist in the transmission of an electronic commercial text message to a telephone number assigned to a Washington resident for cellular telephone or pager service that is equipped with short message capability or any similar capability allowing the transmission of text messages. However, [1.2]" >WARC 19.190.070 provides exceptions to this rule. It is not a violation of RCW 19.190.060 if:
- The commercial electronic text message is transmitted at the direction of a person offering cellular telephone or pager service to the person’s existing subscriber at no cost to the subscriber unless the subscriber has indicated that he or she is not willing to receive further commercial text messages from the person; or
- The unsolicited commercial electronic text message is transmitted by a person to a subscriber and the subscriber has clearly and affirmatively consented in advance to receive these text messages.
Therefore, if you are offering text message promotions, you must ensure that you have obtained clear and affirmative consent from the recipient in advance.
Conclusion
In summary, you can offer contests that involve text message promotions in Washington, but you must ensure that you have obtained clear and affirmative consent from the recipient in advance. Additionally, you must comply with the requirements outlined in [1.1]" >WARC 19.190.060 and [1.2]" >WARC 19.190.070.
Source(s):
- [1.1] Commercial electronic text message—Prohibition on initiation or assistance—Violation of consumer protection act.
- [1.2] Commercial electronic text message—When allowed.
Jurisdiction
Washington