Therefore, Massachusetts businesses should be prepared that, if the requirements of the Fraud Act are met, a text message has greater legal reach and should be managed with care, such as an e-mail or other similar signed communications. Despite the changing legal environment, there are still practical steps that can be taken even if the company is not based in Massachusetts or California. As more cases are handled by the text, new legal problems will follow. For just a moment, these statistics are listening: as of 2017, 8 trillion texts a day have been sent worldwide. At the end of 2013, six billion texts were sent every day to the United States in the United States. Between 2011 and 2014, global use of the text increased by 140% in two and a half years. Many call SMS as the new email because of their speed. In fact, faster means everything in today`s business world and that`s where sms has a significant advantage over email. In the business world, the advantage of sending SMS is obvious: read faster, reach faster, no need for object, personal and more noticeable. Text messages can also be used to negotiate and accept bilateral agreements. Bilateral contracts accepted by SMS, as in writing, have an offer, consideration, contractual capacity and acceptance. In 2016, St. John`s Holdings, LLC vs.

Two Electronics, LLC created the precedent for text messages as valid legal documents. It is important to remember that if you do not want to create an enforceable agreement or guarantee while negotiating in writing or e-mail, you specify that you are negotiating “in accordance with the contract” and that you do not intend to be bound until an official document is executed. Since texts and contracts remain a developing subject in the legal and commercial world, it is worth a look back at a fairly current case, which was decided by our own Massachusetts Appeals court. In the event that a text has brought legal action, in St John`s Holdings v. Two electronic, involves negotiations for the purchase of a commercial building. The buyer`s broker had sent the seller`s broker an unsigned letter of intent as an e-mail installation.