Are there special rules for electronic advertising such as emails and text messages?
Yes, there are special rules for electronic advertising such as emails and text messages in Florida. The state requires that a company obtains prior written consent from the recipient before sending any electronic advertisements, including emails, texts, and instant messages. This consent must be in the form of an “opt-in” process where the recipient clearly states that they are choosing to receive the messages. As with other advertising and marketing, e-advertisements must also be accurate and fact-checked. Additionally, the sender must include a valid contact address in the message, as well as an opt-out link that allows the recipient to easily unsubscribe from the message list. A sender may not use deceptive subject lines or false information to entice a customer to open the message, nor can it use automated programs to send large numbers of messages without the recipient’s permission. Breaking these rules can result in hefty fines and other legal ramifications. Companies advertising in Florida must abide by these rules in order to ensure they are operating lawfully.
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