New federal rules, which take effect Oct. 16, require text marketers to obtain explicit consent before marketing to mobile users who had previously done business with the company. "Previously, if you had an existing relationship with a customer, you didn't have to get additional consent to market to them. Now from a texting and telephone point of view, you need to get prior written consent," said Linn Foster Freedman, leader of the privacy and data protection group at law firm Nixon Peabody.

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