TITLE

MOBILE MARKETING AND INTERACTIVE PROMOTIONS ON MOBILE DEVICES: NAVIGATING LEGAL HURDLES

AUTHOR(S)
Karp, Gabe
PUB. DATE
December 2007
SOURCE
International Journal of Mobile Marketing;Dec2007, Vol. 2 Issue 2, p78
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article examines the current state of the law applicable to incentive-based marketing strategies conducted through mobile channels. Incentive-based marketing strategies, including sweepstakes and skill-based contests, have proven effective in persuading consumers to accept commercial messages. Today, many marketers utilize mobile technologies to enhance their incentive-based promotions. The legal and regulatory landscape surrounding these mobile technologies is still in its infancy, but the legislative trend appears to be establishing a substantive difference between commercial messages targeted toward a computer and those targeted toward a mobile device. The legislative intent seemingly is to allow commercial messages to be sent to consumers' computers until consumers opt-out, yet require that consumers opt-in before receiving commercial message on their mobile devices. Industry self-regulation is a factor influencing how mobile technologies can be used in incentive-based marketing strategies. Additionally, marketers conducting promotions through the mobile channel should be weary of class action lawsuits. Technological advancements continue to outpace the legal evolution in this arena, and it will likely be years before a comprehensive body of law governing these issues has been established.
ACCESSION #
30056287

 

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