Text to win contests have become popular ways for radio stations to conduct contests and promotions, and for good reasons. Response rates are much higher because it’s easier. And a text contest appeals to far more listeners than some traditional methods such as call in to win. But there are text to win legal considerations. And staying safe should be part of your due diligence before launching a text promotion.

Laws vary from country to country, so check your local laws, of course. But in most jurisdictions, it’s fine to send communication that is directly related to action taken by a user. The problem is when stations push the rule a little too far!

Radio Ink documented a class action lawsuit brought on by a New Orleans radio listener. The woman filed suit against Marketron, the company whose software was used to operate the text to win contest. The suit claimed Marketron had violated the Telephone Consumer Protection Act.

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The problem? She received a text message about a concert ticket promotion she had chosen to enter.

The listener was responding to a contest to win tickets to a concert by texting a keyword. In response, Marketron sent a text confirming her entry, and included a link to purchase tickets to the concert.

Text to Win Legal Considerations: Headed for Trouble?


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