How important is it to run an SMS opt in campaign?
When you use SMS messaging for marketing, you have certain legal obligations to meet. One of those is obtaining permission to send direct marketing messages to the people on your list. While it’s true you can send messages to customers in the course of business with them, sending marketing messages needs to be done with care.
As an example, last month Optical Express (Westfield) Limited was issued an official warning by the Information Commissioner’s Office (ICO) to cease its use of marketing via text messaging to anyone who has not opted in to receive their messages. The ICO had received nearly 5,000 complaints about the company’s marketing between September 2013 and April 2014.
In the marketing message, the recipients were asked to enter a contest to win free laser eye surgery. The message also allowed them to opt out by replying STOP.
On the surface it appears they used appropriate marketing guidelines by giving people a way to opt out. But the real issue came because the messages were sent to people who had no association with the company, and had never given permission to be contacted electronically. The ICO estimates that only one in every thousand people will complain about spam messages. If that is true, then the company must have sent around well over a million text messages.
The enforcement notice, dated 19 December 2014, doesn’t state how the company obtained the mobile numbers of the people. It only specified that the Information Commissioner’s Office was satisfied the company didn’t have the permission to use SMS messaging for direct marketing to those recipients that complained. If the company doesn’t stop sending the messages they will be held criminally liable.
According to an article on the dailymail.co.uk, the company plans to appeal the warning. Perhaps then we’ll be able to see how they believed they could send messages to all these people.
What this example highlights though, is even if you believe you have permission, it’s best to make sure you do. Even if you aren’t fined, the costs to the company in bad PR, lost customers, and lost business will undoubtedly be high.
Related Articles
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.
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.
Why You Need a Blacklist and What It Can Teach You
One of the major metrics in SMS marketing is how many people opt in to receive your messages. But there’s a flip side to that metric: how many people opt out. In the ideal world, no one would ever leave your list and instead continue to make purchases or support your organisation for as long as you decide to message them.
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.
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.
4 Simple Steps to Staying Compliant When Using SMS Messaging
Yet another company (Quigley and Carter Limited) have been fined by the ICO for not having permission to send SMS messages. In this case, they had outsourced their marketing to a third party who then sent messages on their behalf. So is staying compliant with the regulations regarding SMS messaging so difficult? It doesn’t have to be.
How important is it to run an SMS opt in campaign?
3 Important SMS Marketing Concepts You Need to Know
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.
5 Common Questions About SMS Marketing Compliance
Electronic marketing is a tricky thing. There are rules and regulations you need to follow, and it can all seem pretty intimidating at first. To help you get started, I’ve gathered five of the most commonly asked questions about SMS marketing and the regulations and summed them up here.
