QUESTION

If I’m charging businesses for a text messaging service, could I include an absolutely free power ball lotto pool entry per text in?

Asked on Feb 24th, 2013 on Entertainment Law - Florida
More details to this question:
I would be including advertising of the free power ball pool at their businesses and managing the pool as well as their text messaging campaigns. Would this be legal with the right legal disclaimers? This would be large scale, which all business would be sponsors / advertisers. What legal problems could I face and what is your best advice? I look forward to your reply and services.
Report Abuse

1 ANSWER

This question require a great deal more details than afforded on a Q&A website. First, you are highly restricted in sending advertising messages as part of an SMS without direct consumer consent. Just because your clients may permit it, does not make it compliant under FCC regulations. Second, assuming you can run the sweepstakes promotion on your SMS system, the key question would hinge on who is making the payment. If your clients are using the system to enable usage by their customers then its possible that an analysis would show that now "entry fee" would be required of the customer. If your clients' employees are entering the sweepstakes, it's possible that there is an entry fee. There are just too many variable to determine if your plan is legally permissible.
Answered on Feb 27th, 2013 at 2:58 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters