How important is it to run an SMS opt in campaign?
When you use SMS messaging for marketing, you have certain legal obligations to meet. One of those is obtaining permission to send direct marketing messages to the people on your list. While it’s true you can send messages to customers in the course of business with them, sending marketing messages needs to be done with care.
As an example, last month Optical Express (Westfield) Limited was issued an official warning by the Information Commissioner’s Office (ICO) to cease its use of marketing via text messaging to anyone who has not opted in to receive their messages. The ICO had received nearly 5,000 complaints about the company’s marketing between September 2013 and April 2014.
In the marketing message, the recipients were asked to enter a contest to win free laser eye surgery. The message also allowed them to opt out by replying STOP.
On the surface it appears they used appropriate marketing guidelines by giving people a way to opt out. But the real issue came because the messages were sent to people who had no association with the company, and had never given permission to be contacted electronically. The ICO estimates that only one in every thousand people will complain about spam messages. If that is true, then the company must have sent around well over a million text messages.
The enforcement notice, dated 19 December 2014, doesn’t state how the company obtained the mobile numbers of the people. It only specified that the Information Commissioner’s Office was satisfied the company didn’t have the permission to use SMS messaging for direct marketing to those recipients that complained. If the company doesn’t stop sending the messages they will be held criminally liable.
According to an article on the dailymail.co.uk, the company plans to appeal the warning. Perhaps then we’ll be able to see how they believed they could send messages to all these people.
What this example highlights though, is even if you believe you have permission, it’s best to make sure you do. Even if you aren’t fined, the costs to the company in bad PR, lost customers, and lost business will undoubtedly be high.
Related Articles
Here’s Why SMS Marketing Is Literally The Best Idea Ever
Is SMS marketing the worst idea ever? That’s the opinion of one author in Entrepreneur Magazine. He gives five reasons why companies should never bother sending SMS messages to customers. I take him on, point by point to show why he’s wrong and SMS marketing is the best idea ever.
The price for being funny in an SMS message
SMS Marketing: Ensuring Compliance with the Law
All businesses are subject to the law when it comes to advertising and marketing. Companies cannot make false claims or mislead consumers via advertising materials, for example. Designed to protect consumers and commercial clients, the law regulates most forms of marketing in some way. With companies carrying out various forms of marketing activity, it can be difficult to keep on top of the relevant laws and guidelines. By working with SMS marketing experts, however, you can ensure that your marketing campaigns are fully compliant with the necessary laws and that you’re able to connect with your target audience lawfully and effectively.
Unsolicited SMS Messages Lead to Trouble…Even for Trump
Late last month reports surfaced that the Trump US presidential campaign had sent unsolicited SMS messages to voters in the Chicago area. One man, Joshua Thorne, and his lawyers have filed a class-action lawsuit alleging the Trump Campaign violated the Telephone Consumer Protection Act (TCPA, the US equivalent of the PECR).
How are companies sending all those SMS messages illegally?
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.
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.
ICO issues a huge fine for massive illegal SMS campaign
ICO, the Information Commissioner's Office, has recently imposed a huge fine on direct marketing company Help Direct UK for sending illegal SMS messages.