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Texting Post-Duguid: Can Consent Practices Change? - Privacy

To print this article, all you need is to be registered or login on Mondaq.com. Providing business teams with advice for sending text messages can be nothing short of frustrating. For businesses used to sending email marketing, the laws for texting are unexpected. Unlike the CAN-SPAM Act, TCPA requires prior express written consent if autodialed messages are sent that contain advertising content. And unlike CAN-SPAM, TCPA has a private right of action. On its face, the recent Supreme Court decision in Facebook, Inc. v. Duguid seemed to bring good news. The decision suggests that companies may be able to send, in several

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