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
5 Key Points to Ensure Your SMS Marketing is GDPR Compliant
Why Finance Companies Should Excel at SMS Messaging
One of the most interesting use cases for SMS messaging is the financial industry. Just a couple weeks ago I wrote a blog on 7 ways the financial industry can use SMS messaging to communicate with customers. In this blog I'll expand on the topic from a different perspective: personalisation.
How are companies sending all those SMS messages illegally?
Small Businesses Can Succeed with SMS Marketing
Is SMS marketing a viable strategy for SMEs to grow their businesses? A recent article by a US SMS provider suggests not but we debunk that view. Read how and why Fastsms can help small businesses can succeed with SMS marketing without breaking the bank.
A review of the EC directive for SMS marketing
Why You Need a Blacklist and What It Can Teach You
One of the major metrics in SMS marketing is how many people opt in to receive your messages. But there’s a flip side to that metric: how many people opt out. In the ideal world, no one would ever leave your list and instead continue to make purchases or support your organisation for as long as you decide to message them.
SMS and the Future of Sales and Marketing
Four years ago, reputable commentators in The Guardian were wondering if SMS - short message service or text messaging - had peaked in performance after a two-decade exponential rise. Here we look at the evidence which shows that SMS is not only going strong, but continuing to stand out as an essential marketing channel for many businesses.
SMS Marketing Compliance and The New GDPR Regulations
As with anything in business, there are rules and regulations that need to be followed. Some of the key ones are laid out in the UK Privacy and Electronic Communications Regulation (PECR) - and while this can seem like a daunting document at first, it doesn't need to be...
Never Use SMS Marketing the Way This Company Did
You’d think a large, multinational company would have all the resources and planning it needed to run an SMS marketing campaign. But that isn’t always the case apparently. Find out the big mistake this one company made and how you can avoid doing the same thing in this blog.
5 Common Questions About SMS Marketing Compliance
Electronic marketing is a tricky thing. There are rules and regulations you need to follow, and it can all seem pretty intimidating at first. To help you get started, I’ve gathered five of the most commonly asked questions about SMS marketing and the regulations and summed them up here.