Wanta Interviewed by KARE 11 News on Legality of Political Texts

October 26, 2018 – This week, firm partner Shawn Wanta was interviewed by KARE 11 News on the legality of political text messages. Many of us have received text messages from various campaigns this election cycle. In general, campaigns may send text messages, but they must adhere to the legal requirements outlined in the Telephone Consumer Protection Act (TCPA).

The TCPA requires that marketers receive prior written consent from cell phone users before sending mass, automated text messages to their phones. This consent must: 1) be in writing; 2) identify the authorized phone number; 3) bear the signature of the person authorizing the message; and 4) contain a clear and conspicuous disclosure of the authorization. However, it is permissible for campaign workers to use their individual cell phones to send a text message to another individual, so long as it’s a single message, manually typed and sent to another individual. Political text messages sent by an automated dialing system would be unlawful under the TCPA.

Shawn Wanta is founding partner of Baillon Thome Jozwiak & Wanta LLP and frequently presents on topics concerning consumer law and employment law. Shawn leads the firm’s class and complex litigation practice group and has consistently been named a Rising Star in class actions/mass torts by his peers. For questions about text messages, the TCPA or potential violations of the Act, contact Shawn by clicking here.