SMS Marketing Issues
- Thread starter Enno
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Axel_inferno09
Member
There are some ways to actually do this, to avoid being banned and promote in legit ways...I'm also thinking of starting sms marketing, inbox for sharing ideas!
Graybeard
Well-Known Member
That's like asking does not doing drugs include marijuana too? But what if it's legal now.
How about: Does not drinking include beer or wine too?
The difference between sms and advertising is that you have a reasonable expectation of privacy when using your phone. sms is mobile phone communication.
sms can only be used marketing to people that have opted in directly (expressly and unambiguously) to YOUR business, website or service
UK Laws SMS Marketing - Should you buy a list? Tips and Best Practice
US Laws FCC and 11th Circuit Address "Prior Express Consent" by a Third Party Under the TCPA | Inside Privacy
>>>Under the FCC’s new rules, effective October 16, companies must now obtain express written consent for telemarketing calls (including SMS text messages) that are initiated with either an autodialer or artificial voice/prerecorded message to mobile phones, or use an artificial voice/prerecorded message to residential phones (the autodialer limitations do not apply to residential phones). In addition, the FCC eliminated the “established business relationship” exemption applicable to residential calls. While no consent is required for purely informational or non-telemarketing calls to residential landlines, the existing requirement that companies must obtain some form of express content for calls to mobile phones regardless of nature, remains in effect.<<<
They’re Here: The FCC’s New Regulations Under the TCPA — Now What?
I am not sure exactly what the difference is between a consumer and a business 'entity' is under the TCPA ... hmmm
So, if you are thinking of blasting sms you should speak with a lawyer with experience in this area
It's a US Federal offense and the fines are per occurrence are up to $1000 each occurrence. CAN-SPAM does not take precedence over the TCPA.
How about: Does not drinking include beer or wine too?
The difference between sms and advertising is that you have a reasonable expectation of privacy when using your phone. sms is mobile phone communication.
sms can only be used marketing to people that have opted in directly (expressly and unambiguously) to YOUR business, website or service
UK Laws SMS Marketing - Should you buy a list? Tips and Best Practice
US Laws FCC and 11th Circuit Address "Prior Express Consent" by a Third Party Under the TCPA | Inside Privacy
>>>Under the FCC’s new rules, effective October 16, companies must now obtain express written consent for telemarketing calls (including SMS text messages) that are initiated with either an autodialer or artificial voice/prerecorded message to mobile phones, or use an artificial voice/prerecorded message to residential phones (the autodialer limitations do not apply to residential phones). In addition, the FCC eliminated the “established business relationship” exemption applicable to residential calls. While no consent is required for purely informational or non-telemarketing calls to residential landlines, the existing requirement that companies must obtain some form of express content for calls to mobile phones regardless of nature, remains in effect.<<<
They’re Here: The FCC’s New Regulations Under the TCPA — Now What?
I am not sure exactly what the difference is between a consumer and a business 'entity' is under the TCPA ... hmmm
So, if you are thinking of blasting sms you should speak with a lawyer with experience in this area
It's a US Federal offense and the fines are per occurrence are up to $1000 each occurrence. CAN-SPAM does not take precedence over the TCPA.
Last edited:
Well Thank you @Graybeard
awesomesauce
Active Member
Yeah that means you can't promote those offers with any form of SMS traffic, including short codes. The issue is that many people that do SMS marketing don't have consent from the users to send them text messages.
Graybeard
Well-Known Member
I am interested in the sms subject as I have found a large pool of state and city licensed holders using public access records with phone numbers -- I don't think these people would be considered consumers under the TCPA -- I will have to get a legal opinion to make sure because of the consequences here in the USA.
sms is a lot less expensive that a direct mail marketing campaign. My objective is to offer a crowd sourcing venue and utilize sms for updates to the members bids and offers
Requested sms is a positive thing -- unsolicited sms is not. I should qualify that statement -- if you are in business you might see this differently if the message is business related and not repetitive spamming?
I'll give you an example: I registered a new domain and forgot to enable private registration and got over 200 emails; mainly from gmail, outlook and other public addresses from people looking for work -- design, development, other ...
I really could not say they were spamming as it was a B2B solicitation using an email that I (accidentally) published
That is not the same as the constant Viagra (penis pills), password extortion, Russian brides <<<consumer span I get all the time
sms is a lot less expensive that a direct mail marketing campaign. My objective is to offer a crowd sourcing venue and utilize sms for updates to the members bids and offers
Requested sms is a positive thing -- unsolicited sms is not. I should qualify that statement -- if you are in business you might see this differently if the message is business related and not repetitive spamming?
I'll give you an example: I registered a new domain and forgot to enable private registration and got over 200 emails; mainly from gmail, outlook and other public addresses from people looking for work -- design, development, other ...
I really could not say they were spamming as it was a B2B solicitation using an email that I (accidentally) published
That is not the same as the constant Viagra (penis pills), password extortion, Russian brides <<<consumer span I get all the time
clairedivas
Banned
SMS marketing is powerfu but with great power come great responsibility. Here are three challenges of SMS marketing you should think about.
1. It’s not as individualized
2. It’s not conversational
3. It’s strictly regulated
1. It’s not as individualized
2. It’s not conversational
3. It’s strictly regulated
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