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Email Marketing and SMS Marketing Illegal?

by Andre Slater
9 replies
I was told by my Affiliate manager with CPA that it's not allowed for you to market products any through email and SMS.

Have anyone here promoted CPA products through sms list or Email list and what was the consequences?

I did post this in Ad Network Section but not really getting answer so I want to know from marketers perpective.
#email #illegal #marketing #sms
  • Profile picture of the author Michael Shook
    SMS is illegal in some jurisdictions, email too, if the sender does not follow the law.

    Your network is painting a broad brush here to eliminate potential problems. And when you advertise through those media, the company does not get the benefit of SEO or ranking popularity.
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  • Profile picture of the author onSubie
    Originally Posted by Andre Slater View Post

    I was told by my Affiliate manager with CPA that it's not allowed for you to market products any through email and SMS.

    Have anyone here promoted CPA products through sms list or Email list and what was the consequences?

    I did post this in Ad Network Section but not really getting answer so I want to know from marketers perpective.

    It is not "illegal", it is against the terms of that CPA offer or network.

    CPA networks are all about protecting the quality of leads for their advertisers.

    So you need to check with your affiliate manager (as you did) what is allowed and not allowed when promoting affiliate and CPA offers.

    For example, some offers allow incentivized traffic - i.e. bribe people to sign up - while others do not want incentivized traffic tarnishing their leads.

    It is common for many offers to not allow email traffic and SMS traffic.


    If you use unauthorized traffic or blackhat methods to drive traffic you can get your account closed and your revenue seized.
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  • Profile picture of the author Alexa Smith
    Banned
    There are thousands of members of this forum who promote CPA stuff by email, perfectly legally. Most networks allow it. Many encourage it. One or two don't allow it. If it's not allowed on that network, it's not allowed on that network. It's their network and they get to make up the rules. It's nothing to do with "illegality" at all, in principle.

    (There are also laws about whether SMS marketing is legal, and how email marketing is legal, in different jurisdictions, but that's another matter altogether.)
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    • Profile picture of the author Andre Slater
      Originally Posted by Alexa Smith View Post

      There are thousands of members of this forum who promote CPA stuff by email, perfectly legally. Most networks allow it. Many encourage it. One or two don't allow it. If it's not allowed on that network, it's not allowed on that network. It's their network and they get to make up the rules. It's nothing to do with "illegality" at all, in principle.

      (There are also laws about whether SMS marketing is legal, and how email marketing is legal, in different jurisdictions, but that's another matter altogether.)
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      Thanks Alexa... I understand with SMS, but I was shocked when he said no email. I am thinking all of the IM'ers with list are not sending CPA offers??? I am going to check with another network.

      The company I am talking about is Peerfly. I have a pretty nice size list and thought CPA would be the best way to go other than MarketHealth or something like that.
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      • Profile picture of the author Nightengale
        You've received good info in this thread.

        If the CPA network is telling you it's illegal to promote via e-mail, they're probably talking about the TOS of their own network. It's certainly not illegal to promote things via e-mail in general, as long as you follow the normal e-mail guidelines regarding permission-based marketing, unsubscribes, etc.

        And if any CPA network told you e-mail marketing was against their TOS, I'd dump them immediately. Building a relationship and staying in contact with your audience is crucial -- and drives open rates and sales. Online, that's done via e-mail.

        I don't know as much about SMS, but my understanding is that the guidelines are more strict for SMS than for e-mail.

        Hope that helps!

        Michelle
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        "You can't market here. This is a marketing discussion forum!"
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      • Profile picture of the author ChrisBa
        Originally Posted by Andre Slater View Post

        Thanks Alexa... I understand with SMS, but I was shocked when he said no email. I am thinking all of the IM'ers with list are not sending CPA offers??? I am going to check with another network.

        The company I am talking about is Peerfly. I have a pretty nice size list and thought CPA would be the best way to go other than MarketHealth or something like that.
        Peerrfly seems to have a fair bit of offers that do not allow email, there are other networks that do allow this though
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  • Profile picture of the author TrumpiaTim
    For SMS text marketing per the TCPA you have to get consent before sending out marketing meesages via text message. You definitely want to abide by this to prevent any potential fines.
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    www.Trumpia.com

    Trumpia: The Most Completed SMS Text Messaging Software & API Solution.
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  • Profile picture of the author RonBartling
    I'm on Peerfly and whether or not you are allowed to promote by email is based upon the advertiser. I've never seen SMS allowed but I have seen offers that allow email promotion.
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  • Profile picture of the author italianteacher
    I would say that you don't need to be worried about it
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