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
3 Reasons Why Enterprises Shouldn’t Build Their Own SMS Gateways
Enterprises are large companies. Sometimes that means they think they should be able to do everything themselves. But when it comes to SMS messaging, building an in-house gateway is more difficult than you might think. Read why finding a good SMS service provider is a better option.
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.
Why you want to keep your SMS marketing database clean
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...
3 Compliance Tips for Your Next SMS Marketing Campaign
When conducting an SMS marketing campaign, there are a number of compliance regulations you should be aware of, to ensure that your communications are as effective as possible, without being potentially damaging to your campaign or your business. If you're marketing to a UK market, the UK Privacy and Electronic Communications Regulations (PECR) gives clear guidelines on what falls within the rules. Here we've highlighted some key tips to ensure your next campaign is compliant, based on common questions that arise.
A review of the EC directive for SMS marketing
What You Can Learn About SMS Marketing from These 7 Companies
The Information Commissioner’s Office (ICO) issued seven monetary penalties against companies this year. We’ve read through them all – so you don’t have to – and discovered two lessons every company should learn about SMS marketing if they want to be successful.
Why SMS Marketing is Superior to Email for Entrepreneurs
As an entrepreneur, it is notoriously difficult to get your message out there. It's even harder to get seen and heard in a meaningful way that doesn't offend people. Email marketing has been the darling of entrepreneurs for years, but it's time for something new. Something that supersedes the email and circumvents the spam folder.
Is SMS Marketing Complicated?
How hard is it to use SMS marketing? If you’ve been told it’s complicated, you heard wrong. Using SMS is simple, though there are a few things you should know. This blog shows you how simple it can be, and provides links to useful resources.
Our 10 Best SMS Mobile Marketing Blog Posts
Need to know all about mobile marketing with SMS messaging? We’ve pulled together the top ten blog posts that tell you everything you need to know. The list starts with the basics and goes through analysing the success of your campaign.