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 – Steering Clear of Spamming and Harassment
Executed properly, SMS direct marketing is a hugely effective and successful means of building customer loyalty and improving sales. But even genuine and honest marketing companies can suffer huge damage to reputation or even break the law through simply lacking knowledge or not double-checking before releasing campaigns. Read this article to learn more about the definitions of spamming and harassment, current UK law and how to avoid simple but costly mistakes.
Why Brits are Lucky When it Comes to SMS Spam
SMS spam is a problem worldwide. But in the UK, we’re less likely to get it than many other countries. Find out why that is, see some examples, and how you can do your part to keep your SMS messages free of spam.
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.
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...
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.
Hefty fines for companies not following opt in SMS messaging policies
Can You Use SMS for “Cold Calling”?
Does the thought of cold calling fill you with dread? You might think it would be easier to use SMS messaging instead. And though it’s legal to do so in some circumstances, you might want to rethink using it that way. Read the full blog to find out why.
SMS Marketing Disasters – and How to Avoid Them
SMS Marketing, also known as test message marketing, is one of today's most powerful and cost efficient marketing tools when used correctly and offers endless opportunities with a little creativity added to the mix. However, whether careless or intentional, some mistakes can be harmful to your brand and reputation - as well as leaving you in legal trouble in certain circumstances. Luckily, this is extremely rare and it is easy to stay safe and make sure your SMS Marketing is an all round success. In this article, we look at come examples of how not to do things and offer our advice for ensuring your campaigns are effective and profitable.
Be Careful When Reading About Shortcodes and VMNs
When you start using SMS marketing, one of the first decisions you need to make is whether or not you’ll need to get replies. If you do, then you’ll need to decide between shortcodes and a virtual mobile number (VMN, also called longcode). If you don’t, then that’s alright too.
