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Deal or No Deal

By Alan L. Friel and Jesse M. Brody
October 28, 2011

As consumers have embraced mobile devices and communicating via text message, mobile marketing promotional campaigns have followed.

As a result, sweepstakes have become popular mobile promotional tools because the chance of a prize motivates consumers to interact with the sponsor. However, because sweepstakes and contests are heavily regulated by states, mobile sweepstakes and contests must comply not only with mobile-messaging laws and regulations, such as the federal Telephone Consumer Protection Act (47 U.S.C. '227) that requires express consent from a consumer before a marketing message can be sent via text to the consumer, but also with those regulating sweepstakes, lotteries and gambling.

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