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The CTIA's statement about requiring opt-out language and prior consent are part of recommended guidelines to the industry for players like the carriers and senders like political campaigns. But there isn't any guidance on these systems because they're run by humans. The TCPA and FCC have rules about abuse on autodialer systems that can automatically send messages or make phone calls. But that's largely because the legal guidelines around these kinds of P2P text messages aren't clear. "These simple steps help protect consumers from spam, and maintain text messaging as a trusted medium for everyone." But didn't the Trump campaign say it was in compliance with the TCPA and FCC guidelines? "We expect all senders - whether airlines, schools, banks or campaigns - to include clear opt-out language and gain prior consent before sending a text," said a spokesman for the organization. While the carriers haven't spoken about the incident, the CTIA, the trade group that represents the US wireless industry, made clear that recipients must be able to unsubscribe from unsolicited texts. But the potential issue may have been that the messages didn't include clear opt-out language, and the senders may not have gained consent ahead of time. The volume of messages likely tripped up the system. It turns out, you're more likely to respond to a text message than you are a phone call or email, which often are littered with spam or robocalls. You've likely seen an increase in volume of text messages from local campaigns during an election or primary. Bernie Sanders was the first to effectively employ this system with Hustle, which employed people to send personal text messages to prospective voters. And this is popular with political campaigns? If, for instance, you send more than 1,000 messages in a day, those messages will likely get blocked.Ĭompanies will work with the carriers ahead of time to get prior approval to send these mass messages. Since P2P messages are normally supposed to be more limited exchanges between individuals, systems may flag accounts that send too many messages. That's different from what's known as application-to-peer, or A2P, messages, which are more formal blast text messages. They're exactly like the text messages that you or I send to our friends and family, and are categorized as peer-to-peer, or P2P messages.
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Political campaigns tap companies such as Hustle or RumbleUp that employ hundreds of people who each send thousands of text messages to potential voters.
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