How are companies sending all those SMS messages illegally?
![](https://dox4euoyzny9u.cloudfront.net/images/fastsms/ICO-1.jpg)
Last month the Information Commissioner issued enforcement notices to two companies that violated regulations by sending marketing text messages to people who had not agreed to receive them.
Help Direct UK sent SMS messages regarding people’s pension values. The text implied that by replying, people would get help in recovering money lost over the last few years. An investigation into the 659 complaints received revealed the company had sent 187,960 SMS messages over nine months covering a variety of financial topics.
The other company, Sweet Media Ltd, sent 4.5 million marketing messages over a period of 8 months. The ICO received 796 complaints before issuing the warning. The details of the messages are not mentioned in the enforcement notice, but Sweet Media is a Lead Generation company according to the Information Commissioner Office (ICO).
How can these companies send so many SMS messages without prior permission? Well, they generally buy lists of mobile numbers. Even though regulations have changed so you aren’t supposed to send email or text messages (or any “electronic communication”) to those who haven’t asked for them, there are still companies out there selling the lists. Those that buy them are either unaware of the rules, or don’t care about them.
So while it might be tempting for you to buy a list of mobile numbers to get your SMS marketing campaigns started, don’t do it.
The first good reason not to do that is you’ll be added to the list of companies receiving enforcement notices. That’s because when you send marketing texts to people who didn’t ask to receive them, they will complain to the ICO. The investigation will then result in a notice to you to stop sending text messages to people without permission. If you want to know more about the regulations, you can find them on the ICO website.
The second good reason is that it just isn’t good marketing. One of the huge benefits of SMS marketing is that you have a fairly captive, and interested, audience after they choose to opt in to your offers. Unlike email, with low open and conversion rates, SMS isn’t about having the biggest list. It’s about having people choose to receive your messages, which means they will be more interested in your offers than a bunch of random people. In the end, you send less messages, therefore spend less money, and have a higher ROI because your offers are exactly what your list members signed up to receive.
If you have questions about how to grow your list legally, just give us a call or grab us in our live chat. We’re happy to help you build a list that fits your business, and keeps you out of trouble.
Related Articles
Advantages & Disadvantages of SMS Marketing
SMS marketing is very different to most other more traditional marketing tools, specifically because of its short-form, text only nature. This certainly shouldn't put you off though. We have put together our guide to both the best things about SMS marketing and some of the potential problems, and how to work around them.
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...
GDPR: Here’s What You Need to Know for Your SMS Messaging
The UK may be leaving the EU, but the GDPR is still coming. Find out what it means for your business, and your SMS messaging, in our post that looks ahead and reviews the ICO guidance to prepare for the new rules.
Unsolicited SMS Messages Lead to Trouble…Even for Trump
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).
Best Practices for SMS Marketing
In many of our previous posts, we have discussed the whys and hows of SMS marketing, listing the benefits, and the impacts on lead generation. There’s no doubt that by employing a marketing strategy that uses business SMS as a medium that your processes will become more efficient and your leads will become more targeted, meaning a better ROI. Here we will look at the best practices for SMS marketing to ensure your campaigns are offering the best for you and your users.
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.
A review of the EC directive for SMS marketing
How are companies sending all those SMS messages illegally?
A Demonstration on How Not to Build Your SMS List
Over the last month or so I've signed up for quite a lot of webinars. I'm always trying to learn more about technology, marketing, best practices – you get the idea. So I've been excited to see many organisations offering SMS reminders for webinars. But there is one experience I had with an SMS reminder for a webinar that I simply had to share.
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.