MobiPromo WiFi Marketing Legal Compliance


For marketers legal compliance in an ever-changing consumer law landscape can present as a minefield.  The new updates to the Telephone Consumer Protection Act (TCPA) that came into law in October 2014 now provides redress for those who receive unsolicited telephone calls, texts or faxes, and includes statutory penalties of $500 per violation and $1,500 for wilful violations (Violation means, per call, text, or Fax). This means if you send an unsolicited text message or make an unsolicited call you can be fined up to $1500 for each message or call you or whomever you sell data to.


The MobiPromo WiFi marketing technology is the only WiFi marketing system available that automatically and dynamically protects WiFi Network Operators and Advertisers on the fly by ensuring your legal compliance with Telephone Consumer Protection Act (TCPA) 47 CFR § 64.1200(f)(8), Telemarketing Sales Rule (TSR) 16 C.F.R. § 310.4(b)(1)(iii)(B)(i), and CAN-SPAM Act 47 C.F.R. § 64.3100.


According to the requirements, to obtain express consent to contact consumers by telephone (in any form) the consumer must be informed in advance of the businesses who will contact them.  MobiPromo addresses this by dynamically appending the business name, address, and phone number of all advertisers on your network to the Hotspot Terms & Conditions consumers must agree to when they login.  Advertiser names and statutory statements are appended below your own Terms & Conditions statement and cannot be accidentally modified or deleted.


Additionally, when a consumer logs in they must agree to these Terms & Conditions of use. At that time, we record unique information about the device they are using, their location, the MobiPromo device they connected through, an acknowledgement of their assent to Terms & Conditions, and a time date stamp of the transaction.  A copy of the Terms & Conditions a consumer agreed to can be printed from within the Administrator control panel.


Other WiFi marketing systems simply aggregate User registration data and then on-sell to marketers and merchants. This practice is now completely  illegal.  Those systems have no way to dynamically add advertiser and merchant details on the fly, in advance of consumer registration, and therefore put you at risk of enormous fines and penalties, not to mention the damage to your reputation and that of your customers who buy such data.


MobiPromo is the only WiFi technology available that provides automatic legal compliance protection.


Any questions regarding MobiPromo legal compliance procedures should be addressed to MobiPromo General Counsel: