US marketing SMS TCPA regulations

New TCPA regulations in the USA have now come in to effect (16th October 2013) – If you are sending marketing or unclassified traffic to the US please make sure you familiarise yourself with the updated regulations.

From this date, prior express written consent will be required for all autodialed and/or pre-recorded calls/texts sent/made to cell phone and pre-recorded calls made to residential land lines for marketing purposes.

From the same date the “established business relationship” exemption will be eliminated.

The TCPA provides for actual damages or statutory damages that begin at $500 per call and can be increased up to $1,500 per call for willful violations.

For more information please see

Please be aware that the information given here is a rough guide only, and you should ensure that your messaging complies with relevant legislation. If in doubt you should contact the regulatory body in the US for clarification and guidance.