Last week, in the federal case ACA International v. Federal Communications Commission, the D.C. Circuit Court of Appeals overturned key elements of a 2015 ruling that handcuffed mobile-first brands. As the only mobile engagement solution leader who petitioned for the appeal, Vibes is pleased with the court’s decision and expects that innovation in mobile marketing will surge as a result.

In 2015, the FCC released an omnibus order that attempted to clarify some rules of the Telephone Consumer Protection Act (TCPA). In practice however, the clarifications created even more confusion, and over-reached in areas that significantly impacted mobile marketing innovation. The FCC order exposed mobile-first brands to huge penalties, even when making opt-in marketing or business calls and texts that consumers valued and requested.

“This is a big win for mobile marketers who are legitimately obtaining consent and providing wanted communication to their customers,” said Jack Philbin, co-founder and CEO of Vibes and Chair Emeritus of the Mobile Marketing Association. “We appreciate the response and support from the D.C. Circuit of Appeals, which maintains a realistic view of today’s business landscape where consumers want to hear from and interact with their favorite brands – not to mention their bank, their insurance provider, their gym, etc. – all on their mobile phone.”

Vibes, a leading mobile engagement platform company, appreciates FCC Chairman Ajit Pai’s support of this decision, as well as the support of Commissioner Michael O’Reilly and Commissioner Brendan Carr. Vibes would also like to thank the National Retail Federation, National Restaurant Association, National Association of Drug Stores, and CTIA – The Wireless Association for submitting written support to the court.

On April 26, 2018, at 1pm CT, the Vibes team and Jennifer P. Bagg, expert TCPA attorney from Harris, Wiltshire & Grannis, LLP, will host a webinar to provide thoughts on the impact of this decision on mobile marketing programs. Click here to sign up for the webinar.

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