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SMS-based marketing... Unsolicited Text Messages as Bad as Phone Calls, Court Says

by Dave777
16 replies
If you happen to be interested and getting into the Mobile marketing industry etc. A little Mobile marketing news and info to be aware of before applying particular marketing tactics...
Unsolicited Text Messages as Bad as Phone Calls, Court Says

Dave
#bad #calls #court #marketing #messages #phone #smsbased #text #unsolicited
  • Profile picture of the author Anna Johnson
    Thanks for the heads up Dave. Not a surprising result. Interesting about a text message being a phone call though...
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  • Profile picture of the author curious1960
    Test messaging is bad, bad bad idea. People are paying for messages and I am sure that nobody will be pleased paying for someones marketing pitches. I am certainly not, in fact I was outraged after receiving one or two contemplating to call my cell phone provider to complain and fully ready to cancel my phone contract.
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    • Profile picture of the author Jagged
      [quote=curious1960;913496]Test messaging is bad, bad bad idea. People are paying for messages and I am sure that nobody will be pleased paying for someones marketing pitches. quote]

      Text messaging a bad idea? Come on now...
      Like anything else, if text messaging is done right it could be an extremely powerful marketing tool...with over 4x more text ready cell phones out there than home computers...it's too large of a market to ignore...

      Running a mobile marketing service that is fully opt-in, opt-out is a no brainer...but like email, even with opt-in, opt-out...people tend to forget that they signed up to receive messages.

      My email in-box get's over 1000 unsolicited emails a day...is it annoying, yes...do I stop using or cancel my email, no...granted it dosn't cost me anything like it does to receive incoming text on my cell...

      I agree that "unsolicited text" is annoying...and being charged for them is wrong...a problem that definately needs to be dealt with, but to say that it's bad, bad, bad...is way off the mark.

      Ken
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    • Profile picture of the author Thomas
      Originally Posted by curious1960 View Post

      Test messaging is bad, bad bad idea. People are paying for messages and I am sure that nobody will be pleased paying for someones marketing pitches.
      I'm open to correction on this but I think the U.S. is the only place where people pay to receive text massages which makes me think sms marketing will ultimately prove even less popular with the general public over there than it did in Europe, where fines might be the least of your worries if you start spamming people (and, even if they opt-in, failing to periodically remind people how to opt-out, and providing them with a cost-free way to do so, will get you into even more trouble)!

      That said, if it's all done right, it can still be very profitable.

      Tommy.
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      • Profile picture of the author trom771
        Originally Posted by Thomas View Post

        I'm open to correction on this but I think the U.S. is the only place where people pay to receive text massages.
        Text massages? If you can figure out how to do that, you'll be a billionaire!

        Sorry...had to be said
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        • Profile picture of the author Thomas
          Originally Posted by trom771 View Post

          Text massages? If you can figure out how to do that, you'll be a billionaire!

          Sorry...had to be said
          Lol... it's my new multi-billion euro idea.
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  • Profile picture of the author Jagged
    The courts are coming around and are beginning to deal with this issue. I remember a week or 2 back reading an article about a very hefty fine against a company placing unsolicited phone / cell phone calls & text messages stating that your "extended warrenty " has expired...i was getting at least 2 a day.

    Text messaging is still relatively new in the USA, problems will arise...problems will be dealt with in due time...
    Cell / text carrier plans that charge for incoming calls is what needs to be changed...I am seeing more & more that are ending that policy...in time, this too will pass.

    Ken
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  • Profile picture of the author rhelaine
    we just need to have them optin and it shouldn't be a problem...the key word here is unsolisited.

    We can already have them give their email address...just need to add a field and make it worthwhile for them to receive that kind of message.
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  • Profile picture of the author rhelaine
    providing them with an optout link each time is no big deal and as far as it being free i don;t think it is a necessity.

    After all if you want to return a product you need to pay for it so i think it is the same idea here. And even if it was a problem you could have a dedicated web page for them to unsubscribe.
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    • Profile picture of the author Thomas
      Originally Posted by rhelaine View Post

      ... nad as far as it being free i don;t think it is a necessity.
      The law says otherwise.
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  • Profile picture of the author rhelaine
    depend on your definition of free.

    obviously would need to be cleared with a lawyer. But if they accept to deal by sms or mms then they accept any small and normal cost associated with it. Like you accept yo pay your internet connection to use your email.

    I agree that if you need to actually pay above the normal cost of the service to optout it might be illegal but if there is no overcharge it is debatable.

    I am not a lawyer obviously so i might be wrong.
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    • Profile picture of the author Thomas
      Originally Posted by rhelaine View Post

      I am not a lawyer obviously so i might be wrong.
      Well, you are wrong: If you do any sms marketing in any E.U. member state, the opt-out must be completely free of charge and easy to do (so making them go to a webpage to opt out of sms isn't really an option either).
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      • Profile picture of the author J. Barry Mandel
        Doesn't sound like there is a simple solution unfortunately. Apparently the courts could not come up with a way to do this either?

        But if I understand this sms's in europe is free so why can't their be free opt out via sms? This way they won't have to go to a website to unsubscribe.

        Originally Posted by Thomas View Post

        Well, you are wrong: If you do any sms marketing in any E.U. member state, the opt-out must be completely free of charge and easy to do (so making them go to a webpage to opt out of sms isn't really an option either).
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        • Profile picture of the author Thomas
          Originally Posted by Justin Mandel View Post

          But if I understand this sms's in europe is free so why can't their be free opt out via sms? This way they won't have to go to a website to unsubscribe.
          I should have specified: text messages are free to receive, but not to send. Opt-outs are done by text but you can't charge the customer for sending the request. It is actually relatively simple to do: any costs involved are simply paid by you instead of them.
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  • Profile picture of the author rhelaine
    I have no idea about europe..the article was about the US and was going based on that.
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    • Profile picture of the author Thomas
      Originally Posted by rhelaine View Post

      I have no idea about europe..the article was about the US and was going based on that.
      Then you didn't read what I said:

      " ... in Europe, where ... failing to periodically remind people how to       opt-out, and providing them with a cost-free way to do so, will get you into even more trouble)"
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