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SCOTUS Sides With Restaurants: HUGE Text Message Marketing WIN

SCOTUS Sides With Restaurants: HUGE Text Message Marketing WIN

The Supreme Court says restaurants can legally send out automated text messages to current or previous customers without violating federal law.


  • The Supreme Court says restaurants can send out automated texts to customers’ mobile phones without violating the Telephone Consumer Protection Act.


  • The court ruled the Telephone Consumer Protection Act doesn’t apply to customer numbers collected through digital orders, loyalty programs or for the purpose of sending alerts when a table or order is ready.


The U.S. Supreme Court (SCOTUS) has ruled that restaurants can legally send out automated text messages to current or previous customers in their databases without violating the Telephone Consumer Protection Act (TCPA), which was passed before the era of smartphones.

Some restaurants have been hit with lawsuits after sending text messages to phone numbers that previously belonged to a customer but were later assigned to a different person. The court ruled that it’s a violation of the TCPA only if texts are sent out to randomly generated phone numbers. That means restaurants that collect customer numbers and send them relevant texts through automated technology are in the clear, according to the unanimous SCOTUS ruling.

In an interview with Nation’s Restaurant News (NRN), Angelo Amador of the National Restaurant Association Law Center said restaurants can send texts about its latest specials and other notifications “in good faith, provided they got the number from a source other than a randomly generated number.” That includes mobile numbers collected from customers who place orders digitally, sign up for loyalty programs or volunteer their number to be notified when a table or an order is ready.



As NRN notes, Congress passed the TCPA in 1991 to combat abuse of robocall systems, especially when they dialed up emergency numbers or tied up business lines. But some lower courts, including the Ninth Circuit Court of Appeals, have broadly applied the law to cover SMS text messages as well as phone calls.

“Expanding the definition of an autodialer to encompass any equipment that merely stores and dials telephone numbers would take a chainsaw to these nuanced problems when Congress meant to use a scalpel,” Justice Sonia Sotomayor wrote in the ruling.

Amador told NRN that the ruling was “a win for common sense.”

“This ruling reinforces the distinction between legitimate restaurant communications and unwanted robocalls, reestablishing the proper scope of the Telephone Consumer Protection Act and encouraging legitimate communications with guests while putting the brakes on frivolous suits against restaurants,” Amador said.

Read more from the article's original post by our partners: PMQ Pizza Magazine.

Before You Build a ChatBot for Your Restaurant Consider This!

Before You Build a ChatBot for Your Restaurant Consider This!

Chatbots are real magic in an industries that want to  leverage more sales, profits, and engagement.

Especially millennials, they are a natural extension of messaging. They have grown up with the internet and responsive on-demand services, often phone calls are being overly intrusive, and they prefer texting over calls most of the time.

Another major reason people love/need Messenger bots from their favorite business/brand is chatbots are ready to serve 24/7/365.

Some businesses have realized this early, and started utilizing chatbots for their business and marketers are focusing their efforts on chatbots to leverage the metrics. People started building Messenger bots for their business(almost), but here comes the real question….

What is the real need of your Messenger bot?

How can you determine that your chatbot is THE BEST?

Are you utilizing the Messenger bot to reach its full potential & capability?

Well, we don’t have the answers here because it is you who have to find them for your business from your Messenger bot.

But, this post is intended to help you find answers to the above question and guide you to perform an audit by yourselves.

Yes, its a DIY Messenger chatbot audit guide and we have included a checklist along with this blog post to make things easy for you.

Need in the Industry

We have to cope up with the latest trends & needs of our business to reach and stay on the top-heights. Remember that, things are changing dramatically and your customer preferences as well. People want to interact with businesses through messaging instead of calls or emails.

You as a business have to act accordingly to provide the best customer journey experience than your competitors. Satisfying customers is one crucial thing that most of us are trying hard to achieve.

Research shows that live chat(messaging) yields that maximum customer satisfaction rate of 82% when compared with other channels and it is really shocking. Because we all used to have a thought that the phone call provides a way to connect & interact with our customers and solve their queries very easily.

But, the reality is completely different and it is giving us a shock.

Providing consumer support through messaging brings the highest customer satisfaction rate!


As I said earlier, things are changing so do your customers’ preferences.


Build Better Messenger Bots

Technology is becoming so flexible now that anyone can build Messenger chatbots on their own without high knowledge of coding.

But best Messenger bots will always stand out in your competitive space. Building chatbots is not only about feeding the FAQs, adding products to showcase, and including rich media in the middle of conversations.

You can develop way better than others if you try to consider personalization, segmentation, monetization, and many more.

So, instead of building answering machines, create a virtual assistant to take care of your consumer interactions and leverage many metrics on marketing, sales, support and awareness.

S.M.A.R.T Method

To create and develop amazing Messenger bots your business/clients, try this S.M.A.R.T method and make sure you have added all the components that complete the objectives of this method.

Let’s see those in brief:


Define the purpose of any particular conversation clearly in the start. Instead of confusing your customer with an awful conversation journey inside the Messenger bot, state the reason for the particular conversation in a simple & easy way.

It will be useful for a business who are using chatbots for multiple purposes like sales, support, marketing, and HR. We don’t have to welcome the customers inside our Messenger bot and start showing the list of products that your business is selling.

The easier your customer can purchase a product, the more likely they will purchase again and again.


Keep your progress measurable and track them with numbers always. Numbers are the easiest way to plan your growth and it will provide effective results as well as outcomes if we can utilize them properly.

To improve our efforts, we need to measure, analyze and iterate the progress.

So, keep in eye on your chatbot campaigns and weight the output with your progress.


Fix realistic goals that have to be achieved with chatbots, planning & expecting a huge number from the day one is completely not a clear objective and YES, it can be achieved in a certain period of time.

Start your Messenger bot campaign with an accountable goal and work to break the limit every time to gain more numbers as profits.


Make sure that the Messenger bot campaign is always aligned with your business goals. It is very important to work everything to achieve your goal, but it is also important to make sure that you are on the right track.


Fix a time as one of the targets to achieve your business goals using Messenger marketing. Fixing a deadline will allow you to focus more and inspire you to work towards the objective. It will help you prioritize important things that need to be taken care while building or updating your Messenger bot campaigns.

Chatbot Audit Elements

So here comes the main part of this blog post.

Elements to consider while performing “MESSENGER CHATBOT AUDIT”!

We have categorized this into some parts to make this easy for you to start and keep the audit work aligned.

Those categories are,








Sentiment analysis






Not the Best Nor the Worst

We’ve pulled all possible things on this blog post to help our readers (YOU) ideate,

Why Messenger chatbots are important,

S.M.A.R.T method to build better chatbots using goal setting,

Why do you need to perform an audit?

What are the things that you need to check while performing a chatbot audit?

Our blog on this topic is not completely the best one but not the worst one either.

We are open with all suggestions, feedback, corrections, and requests from you to make this checklist & content even better.

Kindly share your opinion with us by contacting Ryan via messenger or email and if you like our new effort spread the word to help this blog reach more people.

Happy Bot Building ❤️