Can You Send Anyone a Text Message?
You’re anxious to get started using text messaging. After all, you’ve read how easy, effective and inexpensive it can be. Now you can just upload your email list and start sending away SMS text messages, right?
You probably could, but you really shouldn’t.
SMS messages are classified as email communications in the Privacy and Electronics Communications (EC Directive) Regulations 2003. That means text messaging is subject to the same opt in requirements as email. In other words, you can only send to subscribers who have given you their consent to receive the messages.
In some cases this may mean your business can send a text message to a customer without explicit permission if it relates to a specific enquiry they made. This is called a “soft opt in”. This can be perfectly legal in the strictest sense. But it may not make the best business sense.
The problem with soft opt ins is you don’t know if the customer wants to receive texts. Maybe they don’t like texting or reserve texting for just family and emergencies. Perhaps they are old fashioned and actually prefer a phone call instead.
Also you don’t know if the recipient wants to send text messages in reply. In many cases when someone responds to your text message they, not you, will be paying for the message. Some mobile users may not realise this and be quite angry at you for costing them money.
So how do you get started texting your customers? Here are a few options:
- Contact your list via email. Send them a quick note letting them know you’ve begun using text messaging. Inform them how to opt in to receive your texts. Make sure the opt in method is clear and easy for them to do.
- Send a single text message asking if they’d like to opt in to future text messages from you. Provide them a shortcode or number to reply to in order to opt in. Make sure you tell them they won’t get any more messages if they don’t reply. Always make it clear who is paying for the messages if they reply.
- If the customer has a profile on your website, ask them to provide their mobile number and check a box accepting text messages. If they ever want to stop the messages they can return to your website and uncheck the box. Make sure the process is as simple and clear as possible.
Not only will asking permission first ensure you’re in compliance with the law, it will garner trust from your customers. Whether they opt in to receive your messages or not, the good will your process created can only help your business in the future.
Related Articles
SMS Marketing – A Brief Guide to the Data Protection Act 1998
Any UK business that collects, stores and uses other people’s personal data for purposes such as marketing and selling is subject to the rules of the Data Protection Act, and those using SMS marketing are no exception. Having a basic understanding of the DPA legislation and its main requirements is useful to maintain best practice in direct marketing such as SMS marketing and also helps to uphold your hard won customer trust - as well as avoid the potentially costly consequences of falling foul of the law. Read this article to learn how to avoid the simple pitfalls and get your SMS marketing campaign off to the right start.
3 Important SMS Marketing Concepts You Need to Know
If you are looking to get going with SMS marketing it's worth learning a bit about the "tricks of the trade" so you avoid the common pitfalls and get off on the right foot. Read about three important marketing concepts that will maximise your success in this venture.
A review of the EC directive for SMS marketing
What You Can Learn From a Bad SMS Message
In last week’s blog I covered how the Trump campaign sent unsolicited SMS messages to voters. This week I’m stuck on the same topic, but from a totally different angle: what we can learn from that failure. Because honestly, their biggest issue might not be violating the law. It might be the people they have writing their SMS messages. It’s time to dissect the message that spawned the law suit, and learn what we can from it.
5 Key Points to Ensure Your SMS Marketing is GDPR Compliant
Advantages & Disadvantages of SMS Marketing
SMS marketing is very different to most other more traditional marketing tools, specifically because of its short-form, text only nature. This certainly shouldn't put you off though. We have put together our guide to both the best things about SMS marketing and some of the potential problems, and how to work around them.
How important is it to run an SMS opt in campaign?
Proof SMS Messaging Gets Results: Giveaways and Contests
Companies use contests and giveaways all the time. It turns out that doing them over SMS messaging works really well, and offers some advantages over other channels. Read our blog to see the types of results various companies achieved when using SMS giveaways.
What Not to Do When the ICO Comes Calling
The regulations about SMS marketing are quite clear. But sometimes people, and companies, can make mistakes. Find out what happened to a company that reacted poorly to the ICO’s request for information, and how it made their situation so much worse.