Q: Under the TCPA, can a market research firm send a link to a survey to a list of numbers, all at once, without consent?
If I understand correctly, since a legitimate survey isn't an advertisement, a firm isn't required to obtain prior consent. However, is the firm required to manually enter in phone numbers one-by-one, or can it input a list of numbers into software and have it send messages all at once?
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A:
Under the TCPA (Telephone Consumer Protection Act), sending a survey link via text message can be permissible without prior consent, provided the message isn't considered an advertisement or telemarketing. However, the method of sending those messages matters. If you're using automated software to send messages to multiple numbers at once, this could trigger the TCPA’s restrictions, as the use of an "autodialer" to send messages without prior consent can be a violation.
To avoid issues, you should carefully consider whether your software qualifies as an autodialer. If it does, even if the content is not commercial, you may still need to obtain consent.
On the other hand, manually sending each message individually is generally safer under TCPA regulations. This approach reduces the risk of being considered an autodialer and, therefore, lowers the chance of violating the law.
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