Wednesday, May 7th, 2008
It’s inevitable with any new form of marketing that after awhile U.S. laws and regulations will be established both to protect consumers and limit what exactly constitutes an acceptable message. It had happened first with print, then voice, then fax, then email and now the cycle continues with mobile messaging. In the past few months, the most of the major carriers have either implemented or tightened their restrictions on mobile marketing and this trend shows no signs of abating any time soon.
In one sense, these new requirements actually point to a rapidly maturing mobile marketing industry. The last couple of years were essentially the testing and proving grounds for text messaging, mobile content and most recently mobile search. Companies were largely in an experimental mode, trying out various combinations of mobile campaigns to see what worked and what didn’t. Now, in 2008, these companies have largely settled on the types of mobile initiatives they want to implement and are starting to launch such programs in earnest.
Earlier this month, Judge James B. Zagel became part of the email marketing industry’s history with his ruling on the landmark e360 Prospect vs. Comcast case. In his decision, Zagel dismissed all of e360’s claims outright, while keeping in play Comcast’s countersuit against the company. Ouch.
It’s not exactly a fun time right now for the average real estate agent/firm. The sub prime fiasco mixed with a declining new house purchases has left the industry in a state of major change. Like any sector facing a tough market, agencies are making cuts to help survive, including, inevitably the marketing budget. 

