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SMS Marketing Issues

Discussion in 'Mobile Marketing' started by Enno, Jan 26, 2019.

  1. Enno

    Enno Affiliate affiliate

    Please I need someone to explain this for me..while applying as a publisher to some CPA NETWORK..I read the TOS and saw Affiliate must not use SMS/text to deliver ad..does that include Sms Marketing using Short codes also
  2. CPA Evolution
  3. Axel_inferno09

    Axel_inferno09 Affiliate affiliate

    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!
  4. Graybeard

    Graybeard Well-Known Member affiliate

    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.
    Last edited: Jan 27, 2019
    T J Tutor and Anica like this.
  5. Enno

    Enno Affiliate affiliate

  6. Graybeard

    Graybeard Well-Known Member affiliate

    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 :D
    Enno likes this.
  7. awesomesauce

    awesomesauce Active Member affiliate

    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.
    Enno likes this.