Jennifer Baker
Beware! Laws, wiser consumers, and stronger preference boundaries are finally catching up with the speed of digital marketing technology tools. They can and will levy fines and be used against you in a court of law.
The benefits of internet-based marketing solutions have significantly reduced the mind-numbing hours spent to connect with consumers and potential clients over the last three decades. It also has helped level the playing field for entrepreneurs and small businesses against big-box corporation's marketing dollars.
With every gain, there is a pain. Laws and protections exist for consumers who receive unauthorized messages and against those who misuse technology. Further, few entrepreneurs or small business owners understand the adverse effects of improper messaging on recipients. Unfortunately, ignorance is not a good defense to an offended recipient or a court of law.
Sadly, scam artists and hackers have dominated our online experiences, causing havoc on the internet and fast-tracking our legal system into implementing harsh penalties and prosecutions for violations.
Though it has felt like a relative “free-for-all” for digital marketers over the last few decades with regard to prosecutions, since 2015, the Federal Communications Commission has ordered violators of the TCPA to pay $208.4 million total. Lawmakers continue to monitor digital efforts and are still working to understand the impact on the average consumer and, let's face it, their elections.
For generations, policymakers have implemented many efforts to protect consumers that still stand today, such as the FCC's TCPA, which amended the 1934 Communications Act in 1991 to protect consumers around direct calls, use of auto-dialing systems, artificial or pre-recorded voice messages, SMS text messages, and fax machines.
I feel honored and privileged to have been a part of the international digital messaging charge since 2003 for ethical and best-practice standards for digital marketing. Shortly after, I was invited by industry leaders to teach businesses how to implement the technology and leverage emotional intelligence-based messaging with advanced marketing, tech tools, and video messaging. Over the last 20 years, the industry has added QR codes, SMS text, and AI.
The digital marketing era started with the first website in 1990. A more versatile and emotionally connective “sendable” version of a landing page form (email marketing) was launched in 1997. It only took a few years to implement the CAN-Spam Act, and concurrently, social media platforms launched in 2003 with MySpace, which was quickly devastated by Facebook's launch in 2004. Both sites encouraged consumers to add their private and personal information, and the “data grab” era kick-started our AI use today.
Just over 31 years ago (Dec. 3, 1992), a 22-year-old engineer, Neil Papworth sent a "Merry Christmas" text to a colleague. Today, we text everything, including marketing messages, at all hours of the day. Though the FCC regulates and enforces laws around text messaging.
The implementation of AI and text into the digital marketing world has brought about unprecedented opportunities for businesses to immediately interrupt their target audience with a compelling message on their phone (which seems to be attached by this point).
Empower Yourself!
• Know the laws around using AI, Text, Email, and other digital marketing tools
• Learn best practices for crafting engaging and effective campaigns
• Create a storyboard for a year-long campaign
• Never risk your business to anything artificial! *Authenticity is the new WOW experience.
Learn about Understanding Laws, How To's, and Best Practices for all Digital Efforts and SMSText Marketing at NCET's Biz Cafe on Jan. 17.
NCET is a member-supported nonprofit organization that produces educational and networking events to help people explore business and technology. More info at NCET.org.
