RDelgado

Hi Guys,

It's time to get compliant or face fines...

"Marketers who do not have prior written consent from consumers to send them marketing messages via SMS will potentially face fines of up to $1,500 per unsolicited message starting Oct. 16 under new guidelines."

To be compliant, marketers need to ensure that consumers read and agree, in writing, to receive marketing text messages from a specific brand to the mobile number provided and that they understand they are not required to provide their consent as a condition of purchasing any goods or services.

The required written signature can be obtained via email, Web site form, text message, telephone key press or voice recording.

Many marketers unprepared as deadline looms for new SMS guidelines.

xlfutur1

This doesn't signal the end of SMS but more like we will need to go to double opt-in, replying the word YES to confirm when someone signs up to our SMS lists. Probably not a bad idea anyway.

I recently got on my local library's SMS list to be notified of books that are either due soon, or overdue. I had to reply back to confirm I wanted to be on the list. So the people that get on your lists with double opt-in SMS REALLY want to be sent promotional SMS messages.

imsolutionsgroup

This really isn't anything new. SMS marketing has always been permission based marketing.

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Benjamin T

Can't say I've ever dabbled into this space as a marketer, but I have to say, as a consumer, I am surprised aspects such as this one didn't already exist. Not saying I get a lot of "text spam", but with something as personal as your cell phone, I'd assume double-optin would be a standard.

imsolutionsgroup makes an great point - permission based marketing.

mickelinjac

But this makes sms or mobile marketing that much harder right?

backlinksvault

RaymondB

No, it will not be the death of SMS marketing. As "SMS marketing has always been permission based marketing" it would just require marketers to be extra careful.

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Howlerckc

Just making it a double opt-in process is not enough, you must make every effort to inform direct to the end user that they will receive Advertisements, if you can do that in the double opt-in portion more power to you!

Bilal622

I think SMS are getting famous day by day and people are making more and more sites thats why people are feeling this.

Free Sms

HeadStartSEO

Without reading the law in detail, I get the feeling that "consent" is going to be a moving target. If someone enters their phone number online as part of a sign-up, then that number has been given with consent, has it not?

Interesting to watch this unfold... hopefully IMs find a way to innovate without getting burnt by Uncle Sam.

imsolutionsgroup

If you have an optin-box online you will need the number to reply back with confirmation. Just having an optin-box is not enough because anyone can just put in a random number.

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MobileMarketSolutions

When you text the keyword to a short code you ARE agreeing to receive texts and be on an opt in list. To be compliant, an advertiser needs to include four things if he is to put a person on an Opt-in list for future contact.
1) How many messages per month or week will be sent out
2) That the person can text help to find out about the campaign
3) That the person can text stop to opt-out
4) That standard msging fees apply

If it comes down to it, the first text will simply be a push and not an opt in. The text will say if you want to be on the list text something else to the short code like, "Yes".

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Mr Bill

Prior WRITTEN consent? lol I would be very surprised if there was ever one single human being that ever gave written permission to SMS marketing. That "law" is a joke and uncompliable.

So pressing a button is now "written permission"? Written means with pen or pencil on paper. I think they mean "express permission" which means nothing has really changed. If they press a button to "agree" you're safe. A storm in a tea cup.

TrumpiaTim

For mobile marketing companies that have been doing it the right way and enforcing opt-in laws with their clients this should really be a non-issue.

Devin2290

This is a minor speed bump.
Simply enforcing a shift to a "double opt in" instead of single.

imsolutionsgroup

"Beginning October 16, 2013, prior express written consent will be required for all autodialed and/or pre-recorded calls/texts sent/made to cell phone and pre-recorded calls made to residential land lines for marketing purposes.

Compliance with the E-SIGN Act satisfies this requirement, meaning that electronic or digital forms of signature are acceptable (i.e., agreements obtained via email, website form, text message, telephone keypress or voice recording).

Consumer consent must be unambiguous, meaning that the consumer must receive a “clear and conspicuous disclosure” that he/she will receive future calls that deliver autodialed and/or pre-recorded telemarketing messages on behalf of a specific advertiser; that his/her consent is not a condition of purchase; and he/she must designate a phone number at which to be reached (which should not be pre-populated by the advertiser in an online form). Limited exceptions apply to this requirement, such as calls/texts from the consumer’s cellular carrier, debt collectors, schools, informational notices and healthcare-related calls.

If a dispute concerning consent arises, the advertiser bears the burden of proof to demonstrate that a clear and conspicuous disclosure was provided and that the consumer unambiguously consented to receive telemarketing calls to the number he/she specifically provided. It is a best practice for advertisers to maintain each consumer’s written consent for at least four (4) years, which is the federal statute of limitations to bring an action under the TCPA. Evidence of Internet-provided written consent includes, but is not limited to, website pages that contain consumer consent language and fields, associated screenshot of the consent webpage as seen by the consumer where the phone number was inputted, complete data record submitted by the consumer (with time and date stamp), together with the applicable consumer IP address."

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jakeduvall

I was getting a little worried about the written consent part...
for about 3 seconds then I realized that would be unrealistic. Besides, with SMS Masterminds sending out millions of messages per month, Trumpia, Avid, Lime... I am just a small fish in a big lake.

I use a kiosk tablet for my clients with all the proper language at the bottom of the screen (they have to press submit to agree and opt in) and the subscribers also receive the same language as soon as they 'opt in' in the form of a 2nd welcome sms message.

Even a 'Double Opt In' is still not written consent so... none of this makes any sense to me and if it doesn't make any sense it probably isn't enforceable to any relevant extent.

They are probably going to be targeting the marketers who scrape Craigslist for mobile numbers and then blast those numbers with Viagra and MLM offers...

mobilizebrand

Interestingly, this move to ensure opt-in data compliancy is part of a global effort / directive to "can spam" and the selling of consumer data. In my country, the selling of consumer data is rife and so the government is looking to ensure how this exact same bill gets implemented here, along with the independent industry regulators and the associated fines, blah, blah, blah etc.

They call it POPI here - protection of personal information bill. Not sure how it'll work in the US, but once the regulators get set up they'll be looking for a large financial institution e.g. a bank or a parastatal to make an example of first, before really coming for the SME business owners.

In the mean time, the incurred cost for the "cleaning" of data lists incurred by the likes of say mid cap companies will not be inexpensive - dependent on how large that list is, where their data is being held (duplicate systems / data repositories) and perhaps most importantly, how they plan to communicate with the individuals on a non-opt-in list...

elkiehound

Interesting angle on all this:

SUMOTEXT Corporation: TCPA Panic Not Necessary for CTIA Compliant SMS Messaging Programs - Yahoo Finance

ColdContactCrusader

Man ain't no body suing anybody...just allow them to opt-out and boom all problems slide into the sea of forgetfulness

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TrumpiaTim

Also note, that this is geared mainly towards SMS marketing campaigns.
Your clients that are currently using SMS as an internal communication tool will not be impacted.

imsolutionsgroup

Thanks for this article!

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elkiehound

Option 2 in this article might be a reasonable approach for small / local businesses that have been diligent in following CTIA / MMA guidelines in obtaining their opt-in lists.

UPDATE - How The October 16 TCPA Rules Change Affects Mobile Marketing - Mobile Demystified

jakeduvall

Here is a thought/question. Is a Loyalty Kiosk/Tablet considered a mobile signup?

imsolutionsgroup

As long as the customer is still confirming that they want to be added to the list by sending a reply from the mobile device directly to the number.

No matter how you do it you will need the person to text in directly from their mobile device.

Otherwise, I could come to the store and add any phone number to the signup form even if it's not my own.

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elkiehound

Interesting artcile:

Petitions to Forbear or Clarify New FCC TCPA Rules Filed | InsideTechMedia

imsolutionsgroup

Interesting, thank you.

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mjs

For people in the UK. O2 have banned "grey" routes for sms.

If you have been left in limbo and get stuck. I can get some REALLY good rates on txts.

triinlinamagi

SMS has aways been permission based when it comes to SMS marketing.
Do not forget that SMS is not only used for marketing purposes by businesses. According to our customer survey, most businesses use SMS for internal and external communication in their company. It means customer communication (alerts, reminders, confirmations, notifications) and communication with staff (meeting reminders, changes in working schedules, event reminders, interview reminders, logistic etc).
It is not just a tool for marketers but a tool for business owners to increase operational efficiency.

johnnydio

Yes, this is why it is important to stay up to date with the rules.

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javrsmith

Everyone should be aware of the rules, so thanks for sharing.

Site Steering

Just ran across this thread. Looks like the major downside is the expense to re-up the list. Most of the remaining details (other than the specific text requirement) were already integrated by reputable providers. As spammers crippled email marketing a few years ago, now they are attempting to cripple SMS marketing. Our Twilio numbers we used to get 6 to 8 spams per day, so we figured out how to block the spammers. All in all the new rules are really just an inconvenience, but nothing on the scale of most government medling.

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radhamohan

It is one great idea and action, maybe you find the telephone number and contact them before your death.

radhamohan

thanks......

Jesse Helms

I've never received an sms advertisement, is this because I'm in the us? I'm really interested in mobile marketing, but aside from apps im drawing a blank as to advertising my wares!

imsolutionsgroup

Most likely, yes. SMS marketing in the USA is strictly permission based.

So, it you've never signed up for a sms list...then you should have "never" received a sms marketing message.

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Michael Ten

I'm glad that sending SMS spam will start to have some real consequences. There are plenty of other ways to reach potentially mobile customers other than SMS.

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