Federal Deception Law: 6.3.6.1.1 What calls constitute telemarketing?
The FCC regulation allows autodialed and prerecorded calls to cell phones only with the recipient’s prior express written consent if the call constitutes telemarketing or introduces an advertisement.331 The regulation defines “advertisement” as “any material advertising the commercial availability or quality of any property, goods, or services.”332 A text message that leads the recipient to an advertisement “introduces” that advertisement.