Why you need to stick to your SMS marketing message limit
When someone signs up to your SMS marketing list, do you tell them how many messages you’ll send them? SMS best practices indicate that you should let them know either in an SMS message confirming their opt in or elsewhere on the materials they see when signing up. It sometimes looks like this:
Thanks for signing up! We’ll send a max of 5 msgs/mo. Msg&Data rates may apply. Questions? Reply HELP.
That message is like a promise. The person signed up agreeing to 5 SMS messages per month from you and that’s it. But is it really a big deal if you send more than 5? It might be.
Victoria's Secret is in trouble
Recently, the famous lingerie brand Victoria Secret has been charged with violating the Telephone Consumer Protection Act (TCPA), roughly the US equivalent of the EC directive. A man signed up in May of 2015 to receive offers from the brand which promised no more than five per month. In November of 2015, he claims he received 97 SMS marketing messages, all on the same day.
No matter how you look at it, 97 is much larger than five, especially if the messages all came on the same day. When I first saw the case, I assumed that perhaps the company had gotten a bit too enthusiastic in its promotions leading up to Black Friday. Given the facts though, they may have had some technical glitch that caused the issue. But so far Victoria’s Secret is remaining silent on the event, indicating they won’t comment on active litigation.
According to an article on Mobile Marketing Watch, “The lawsuit does not indicate if all the messages were identical, but the complaint does say that the messages all contained ‘a generic non-personalized advertisement.'” I think that means the chances of either human error, or a technical glitch, is very likely.
They lose either way
US law governing spam and what people can do about is much different than the UK. The lawyers for the man have filed to make the case a class action lawsuit. This means that everyone on the Victoria’s Secret list that received those messages can now claim to be a victim (assuming the case is granted class action).
The one thing that’s pretty certain is that the company will eventually settle a class action lawsuit – even if they claim no wrongdoing. It will cost them millions, most of which will go to the lawyers on either side (It’s generally cheaper to settle than to try and win a case). The individuals in the class action may get some small compensation in the form of discounts or money.
This may happen regardless of why the messages were sent, or who takes the blame in the end (third party marketing company, employee, or the company).
In addition, the TCPA may fine the company if they determine that people did not consent to receive these extra messages. This is the first case in the US where someone who already opted in, actually acknowledges he gave permission, has then filed against a company for exceeding the stated amount of messages he agreed to initially. How the case will be handled is something everyone is watching (if you send messages to the US, you should be too!). Will they be held accountable even if it was a glitch that happened beyond their control? What if it’s as simple as an employee typing in the wrong information into a scheduler? Whatever the decision, the investigation may cost them subscribers and certainly will require some work to rebuild their marketing reputation.
![](https://dox4euoyzny9u.cloudfront.net/images/fastsms/Depositphotos_25108613_original-1.jpg)
What to do in your marketing
I couldn’t find any similar complaints with the ICO in the UK. Most of the cases seem to be clearly spam due to the number of complaints they receive. I can’t even guess how a similar situation in the UK would be handled by the ICO (though I do think they’d investigate if they had enough complaints).
The best way to avoid finding out what would happen, is to make sure you stick to the number of messages you said you’d send. Put processes in place to ensure there are no typos, or other human error that might lead to excessive messaging that will anger your list.
Related Articles
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.
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.
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.
A review of the EC directive for SMS marketing
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.
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.
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.
What Not to Do When the ICO Comes Calling
The regulations about SMS marketing are quite clear. But sometimes people, and companies, can make mistakes. Find out what happened to a company that reacted poorly to the ICO’s request for information, and how it made their situation so much worse.
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.