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
SMS Marketing: An Essential Guide to PECR
The PECR Regulations, better known as the Privacy and Electronics Communications (EC Directive) Regulations 2003 are one of the most important pieces of legislation affecting those involved in SMS Marketing. They exist to safeguard the privacy and use of personal information when used for direct marketing through electronic means, including communications by SMS. Parts of it crossover with the Data Protection Act 1998 (DPA) and where it does so, both pieces of legislation should be complied with. Unlike the DPA, the PECR is obligatory whether or not you process personal data in the course of your business. Read this essential guide to PECR for SMS Marketing to ensure you know everything you need to know.
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.
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.
5 Key Points to Ensure Your SMS Marketing is GDPR Compliant
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.
How important is it to run an SMS opt in campaign?
The ONE Thing You Never Want To Do In SMS Marketing
"UK B2C data for SMS marketing" - That was the search result headline I found while researching online. Interesting I thought. It must be relating to SMS marketing statistics for B2C (business to consumer) sales. Since I was searching for some updated information and studies about SMS I decided to click and read.
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 – Should You Buy a List?
Starting an SMS marketing campaign can be a daunting task. Gathering explicit opt ins can take time, as you need to make an investment in advertising. So why not just get a jumpstart and buy a list of mobile numbers from an organisation that already has the opt ins? You could do that, but it’s probably harder than just getting people to opt in on their own. Here’s why.
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.