A review of the EC directive for SMS marketing
SMS marketing is considered an electronic form of communication. That means its use is governed by the Privacy and Electronic Communications (EC Directive) Regulations. It may sound scary, but it really isn’t that hard to understand. However, in light of my last blog I thought it worthwhile to go over the basics of the EC Directive to help you better understand what you can and can’t do with your SMS marketing.
In the warning the ICO issued to Optical Express discussed in the last blog, several key paragraphs from the EC Directive are quoted. They basically say that no one can send unsolicited messages to any individual without prior consent. It then goes on to state three criteria used to determine what consent means (from Regulation 22):
“A person may send or instigate the sending of electronic mail for the purposes of direct marketing where –
(a) that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;
(b) the direct marketing is in respect of that person’s similar products and services only; and
(c) the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and where he did not initially refuse the use of details, at the time of each subsequent communication.”
That is honestly a mouthful of words, but very important ones. Here’s a simple interpretation.
If you gather someone’s mobile number while you are selling them something, then you can be safe sending them marketing messages related to that sale. For example, if a customer purchases a house from you then you can send them marketing messages about other services you provide for home buyers. But you can’t send them marketing messages about buying cars or for special deals on a holiday in Australia. While these other things may be part of your business too, they don’t relate to the purchase they made from you initially.
In another example, if someone purchases a trip to Australia from you, you can freely send them information about their trip to Australia. You could also send them marketing messages about other trips you offer, though you do want to be sure to limit those to ones you know they are interested in. And if you do send marketing messages about other trips, part c above becomes very important. With every message you send them about the next trip, make sure they can opt out easily with a simple reply message.
Following these guidelines should keep you within the law, and also help you keep happy customers. And happy customers keep coming back, whatever business you’re in.
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.
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.
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, 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.
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).
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.
The first thing to remember is that legally, you must give the customer the chance to both opt-in and opt-out of your SMS campaign - but the good news is people are happy to opt-in - 49% of them according to a 2014 survey. So all you need to do is stay compliant and follow some basic guidelines to grow your list.
If you are looking to get going with SMS marketing it's worth learning a bit about the "tricks of the trade" so you avoid the common pitfalls and get off on the right foot. Read about three important marketing concepts that will maximise your success in this venture.