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Marijuana Text Spam - How Telemarketing Got Weed In Trouble
1. 1/11/2021 Marijuana Telemarketing Text Spam and How to Avoid Legal Troubles
https://cannabis.net/blog/opinion/marijuana-telemarketing-text-spam-and-how-to-avoid-legal-troubles 2/10
WEED SPAM
Marijuana Telemarketing Text
Spam and How to Avoid Legal
Troubles
Can you text advertise your cannabis business, not so fast say the FTC
2. 1/11/2021 Marijuana Telemarketing Text Spam and How to Avoid Legal Troubles
https://cannabis.net/blog/opinion/marijuana-telemarketing-text-spam-and-how-to-avoid-legal-troubles 3/10
Posted by:
Joseph Billions , today at 12:00am
Steps Cannabis Retailers Can Take To Curtail
Spam Telemarketing and Avoid Legal Woes
The beauty of the present state of acceptance being enjoyed by cannabis is that the world is
paying more attention. The unending works of pioneers, advocates, activists, etc haven't been in
vain. The fact that the world is paying more attention means there is an opportunity to spur real
change. One of the things that we hope can be changed is the scheduling of cannabis as a
Schedule 1 narcotic substance. However, while that classi cation remains, cannabis users and
entrepreneurs have to nd the best way to work around current restrictions.
This is the story of advertising as it applies to cannabis retailers. Cannabis retailing is quite
di erent from other retailing services which is why its peculiarities have to be carefully considered
when thinking about advertising. With cannabis still regarded illegal federally, there are limited
platforms available for cannabis retailers to communicate with their customers. Many social media
platforms which are the mainstream medium of communication nowadays, have heavy
restrictions on advertisement for cannabis. This has made marketing a huge problem for many
cannabis retailers. It has also ensured that cannabis retailers try to make the most of every
possible means of advertising that becomes available.
Telemarketing to the Rescue
3. 1/11/2021 Marijuana Telemarketing Text Spam and How to Avoid Legal Troubles
https://cannabis.net/blog/opinion/marijuana-telemarketing-text-spam-and-how-to-avoid-legal-troubles 4/10
In a world where restrictions occur wherever cannabis retailers turn, telemarketing seems to o er
a reasonable way out. Many cannabis retailers have had to resort to the use of text messages to
connect to their audiences. The use of telemarketing ensures that the customers easily get the
needed info being passed out by the cannabis retailers. It also o ers a good degree of e ciency
because 90% of text messages are opened within minutes after they are sent. This has made
telemarketing the go-to choice used by most cannabis retailers for the advertisement of their
cannabis products.
Despite the fact that e cient telemarketing has been a very good resource for cannabis retailers, it
can also be a source of complex legal woes for retailers. This is due to the issue of spamming
which majorly becomes a nuisance to many phone users. This isn't a minor issue as it can open
entrepreneurs up to a world of legal trouble. This is why cannabis retailers are using strict
regulations to curtail spam messages. These regulations help to avoid complex legal issues that
may arise. It also helps to open di erent pathways for communication that can be employed by
cannabis retailers to properly get feedback from their target audience.
Regulations Involving Cannabis and Telemarketing
State cannabis marketing regulations and Cellular Telecommunications and Internet Association
(CTIA) (https://www.ctia.org/) regulate the actions of cannabis retailers through telemarketing. Due
to the scheduling of cannabis, they have placed di erent types of restrictions on what is
acceptable in telemarketing and what is not. Cannabis retailers are not allowed to talk about
health bene ts yet to be proven by the FDA, usage methods, and cannabis sales and transactions.
Apart from these bodies, cannabis telemarketing is also regulated by the Federal Communications
Commission and the Telephone Consumer Protection Act (TCPA)
(https://www.fcc.gov/sites/default/ les/tcpa-rules.pdf).
The regulations put in by these bodies ensure that cannabis retailers gain consent from the
consumers. This consent also includes the approval of the customer for subsequent texts and
subscriptions to loyalty programs and product promotions. Unfortunately, some acts by some
cannabis retailers are jeopardizing these e orts and disrupting the entire process. They are buying
a list of phone numbers and spamming those that haven’t granted consent with di erent
messages. This opens such cannabis businesses to legal issues that could have been easily
avoided. Fines placed by the FCC on such o enses range from $500 to $1500 for each unsolicited
message. This does not include further fees for damages that can arise from the legal troubles.
Steps Cannabis Retailers are using to Curtail Spamming
Segmentation
Many cannabis rms have grown from the realm of spamming all the numbers on their directory
list. Point-of-service (POS) technology can easily be used to segment the customers based on their
purchasing habits and identi able interests. Segmentation enables the cannabis retailers to know
their target audience and it helps them to be more e ective with telemarketing. This is because
the necessary info can be sent to those that need it e ciently.
4. 1/11/2021 Marijuana Telemarketing Text Spam and How to Avoid Legal Troubles
https://cannabis.net/blog/opinion/marijuana-telemarketing-text-spam-and-how-to-avoid-legal-troubles 5/10
The advantages of segmentation are numerous in that the cannabis retailers know each consumer
based on pre-existing info. They know who the customer is, the promotions and programs he has
subscribed for, and what he might be open to. It shows that the rms appreciate their customers
and value the relationship when they can taper advertisements to their individual needs.
Segmentation ensures that telemarketing feels more like communication and less like spamming.
The same type of messages are not sent back to the customers and feedback determines the next
type of messages to be delivered. With this method, cannabis retailers can maximize telemarketing
and avoid unwanted legal issues that arise when this outlet is not properly used.
Double Consent
The idea behind double consent is to ensure that consumers certify twice that they opt-in for
programs and promotional messages. They generally involve conventional means such as “reply
YES” or “reply SUBSCRIBE”. This helps to conveniently streamline those that will bene t from the
promotional messages from those that would not. One apparent fact that the double consent
method has shown is that the ratio of those that receive the message and those that give consent
is low.
Cannabis retailers also provide other means with which double consent can be achieved. Digital
signatures, scanning a QR code, and the use of NFC chip are advanced ways to get consent and
improve the rate of response. Customers are also allowed to opt-out of promotional plans that
they have opted into at the end of all messages.
Bottom line
Signi cant steps to avoid spamming are important if customers are to appreciate the use of
telemarketing for the advertisement of cannabis. Most retailers already seem to be walking the
path needed to avoid issues.
It should be noted that cannabis retailers are still looking for better ways to market cannabis
products to customers. While telemarketing seems to be the best way available currently, it could
change in the not-so-distant future. But while it still yields results, it is the responsibility of retailers
to make the most of what they have.
CANNABIS MARKETING AND ADVERTISING, READ MORE..
5. 1/11/2021 Marijuana Telemarketing Text Spam and How to Avoid Legal Troubles
https://cannabis.net/blog/opinion/marijuana-telemarketing-text-spam-and-how-to-avoid-legal-troubles 6/10
(https://cannabis.net/blog/b2b/what-advertising-
plan-work-best-for-cannabis-businesses)
WHAT ARE SOME GOOD CANNABIS ADVERTISING PLANS? (https://cannabis.net/blog/b2b/what-
advertising-plan-work-best-for-cannabis-businesses)
OR..
(https://cannabis.net/blog/opinion/is-the-stoner-
stereotype-dead-marketing-trends-for-2020-and-beyond)
NEW MARIJUANA MARKETING TRENDS FOR 2020 AND BEYOND!
(https://cannabis.net/blog/opinion/is-the-stoner-stereotype-dead-marketing-trends-for-2020-and-
beyond)
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6. 1/11/2021 Marijuana Telemarketing Text Spam and How to Avoid Legal Troubles
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7. 1/11/2021 Marijuana Telemarketing Text Spam and How to Avoid Legal Troubles
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8. 1/11/2021 Marijuana Telemarketing Text Spam and How to Avoid Legal Troubles
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