Illegal now?

ViralMediaBoost · 26th Oct 2013, 08:33 AM

Is it illegal now to send messages to just random people to try and get your site more popular?

KimboJim · 26th Oct 2013, 08:38 AM

I think that breaks CAN SPAM laws. I know it's that way with emails. Besides, the traffic wouldn't be any good.

imsolutionsgroup · 26th Oct 2013, 08:35 PM

If you're referring to sending messages by phone (sms) without permission...yes, it's always been illegal here in the USA.

Aaron Doud · 26th Oct 2013, 10:10 PM

Originally Posted by ViralMediaBoost

Is it illegal now to send messages to just random people to try and get your site more popular?

In the US that has been illegal for a while if you mean texts to random people. And emails & calls have to follow rules as well but in many cases they are illegal as well.

Mr Bill · 28th Oct 2013, 01:31 AM

It might depend on how you got the number.

I think it could be argued that if someone is making their mobile phone number publicly available or even promoting it (e.g. on the front door of their business, on their website, in media advertising...etc) that they are inviting people to call (or text?) you with matters relating to their business. If your text relates to their business (e.g. website services) it might be deemed fair game.

In fact, that might even be a good idea.

PNVMike · 28th Oct 2013, 04:51 AM

HI

I am not from the states but from what i read here do i need permission to text someone? so prior texting i need to call and ask for permision?

imsolutionsgroup · 28th Oct 2013, 08:09 AM

Originally Posted by Mr Bill

It might depend on how you got the number.

I think it could be argued that if someone is making their mobile phone number publicly available or even promoting it (e.g. on the front door of their business, on their website, in media advertising...etc) that they are inviting people to call (or text?) you with matters relating to their business. If your text relates to their business (e.g. website services) it might be deemed fair game.

In fact, that might even be a good idea.

Calling, yes you can call the business if the number is public information. (but not from an auto-dialer)

Sending and SMS, no just because the phone number is public information does not give you the right to spam them with SMS messages.

natebunger · 28th Oct 2013, 10:37 AM

It should be illegal. It’s not right to send people random messages just so you can gain traffic or more clients for your business. There are also some cases that the spam messages contain bad news that will alarm the receiver and check the website just to find out that its spam.

This should be stopped not unless the spam messages are relevant and accepted by the receiver.

Nate

Mr Bill · 29th Oct 2013, 06:09 PM

Originally Posted by imsolutionsgroup

Calling, yes you can call the business if the number is public information. (but not from an auto-dialer)

Sending and SMS, no just because the phone number is public information does not give you the right to spam them with SMS messages.

Pretty sure I didn't suggest it was ok to spam anyone. But sending them a relevant business message I can't see that being a problem. I think this is a storm in a tea cup.

imsolutionsgroup · 29th Oct 2013, 09:35 PM

Originally Posted by Mr Bill

Pretty sure I didn't suggest it was ok to spam anyone. But sending them a relevant business message I can't see that being a problem. I think this is a storm in a tea cup.

Sending someone a sms message without their permission marketing a product and/or service is SPAM. No ifs ands or buts about it

Mr Bill · 29th Oct 2013, 09:37 PM

No ifs ands or buts eh?

So if I sent an SMS to a business asking if I could contact them about helping with their website that would be illegal? I seriously doubt it.

imsolutionsgroup · 30th Oct 2013, 08:49 AM

Originally Posted by Mr Bill

No ifs ands or buts eh?

So if I sent an SMS to a business asking if I could contact them about helping with their website that would be illegal? I seriously doubt it.

Before you start I'd read some of the guides located here - Mobile Marketing Best Practice | Mobile Marketing Association

Best of luck with your venture!

slickbear · 30th Oct 2013, 11:37 AM

Hi Guys,

Any form of SMS that is unsolicited (i.e. they didnt opt in) is illegal. At one point you could send the first SMS as an opt in message and then if they replied yes you could continue, but this also got abused and spammed to death. The biggest problem is you can get huge fines by the carriers, they fine the SMS providers and they fine you.

"Bulk Email" is far simpler to avoid the legal stuff but SMS ...not so easy

Mr Bill · 30th Oct 2013, 04:26 PM

Originally Posted by imsolutionsgroup

Before you start I'd read some of the guides located here - Mobile Marketing Best Practice | Mobile Marketing Association

Best of luck with your venture!

Start? Venture? I've been doing this (including sending SMS to business owners who have never objected or minded - some even said it was clever because they never read emails but my SMS caught their attention) for years already.

26th Oct 2013, 08:33 AM	#1
ViralMediaBoost Social Media Services Registered Member War Room Member Join Date: 2013 Posts: 286 Thanks: 0 Thanked 18 Times in 18 Posts	Illegal now? Share on: Is it illegal now to send messages to just random people to try and get your site more popular?
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26th Oct 2013, 08:38 AM	#2
KimboJim HyperActive Warrior War Room Member Join Date: 2011 Posts: 430 Thanks: 67 Thanked 70 Times in 62 Posts	Re: Illegal now? Share on: I think that breaks CAN SPAM laws. I know it's that way with emails. Besides, the traffic wouldn't be any good.
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26th Oct 2013, 08:35 PM	#3
imsolutionsgroup Advanced Warrior War Room Member Join Date: 2012 Location: Philadelphia, PA Posts: 629 Thanks: 39 Thanked 197 Times in 103 Posts	Re: Illegal now? Share on: If you're referring to sending messages by phone (sms) without permission...yes, it's always been illegal here in the USA.
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28th Oct 2013, 01:31 AM	#5
Mr Bill VIP Warrior War Room Member Join Date: 2011 Posts: 1,633 Thanks: 1,211 Thanked 952 Times in 497 Posts	Re: Illegal now? Share on: It might depend on how you got the number. I think it could be argued that if someone is making their mobile phone number publicly available or even promoting it (e.g. on the front door of their business, on their website, in media advertising...etc) that they are inviting people to call (or text?) you with matters relating to their business. If your text relates to their business (e.g. website services) it might be deemed fair game. In fact, that might even be a good idea.

28th Oct 2013, 04:51 AM	#6
PNVMike Proxy-N-Vpn.com War Room Member Join Date: 2013 Posts: 143 Thanks: 0 Thanked 6 Times in 6 Posts	Re: Illegal now? Share on: HI I am not from the states but from what i read here do i need permission to text someone? so prior texting i need to call and ask for permision?

28th Oct 2013, 10:37 AM	#8
natebunger Your Next Copywriter War Room Member Join Date: 2009 Location: I own and live in my own retreat hotel located in Colombia South America. All clients are welcome :) Posts: 740 Thanks: 144 Thanked 88 Times in 79 Posts	Re: Illegal now? Share on: It should be illegal. It’s not right to send people random messages just so you can gain traffic or more clients for your business. There are also some cases that the spam messages contain bad news that will alarm the receiver and check the website just to find out that its spam. This should be stopped not unless the spam messages are relevant and accepted by the receiver. Nate
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29th Oct 2013, 09:37 PM	#11
Mr Bill VIP Warrior War Room Member Join Date: 2011 Posts: 1,633 Thanks: 1,211 Thanked 952 Times in 497 Posts	Re: Illegal now? Share on: No ifs ands or buts eh? So if I sent an SMS to a business asking if I could contact them about helping with their website that would be illegal? I seriously doubt it.

30th Oct 2013, 11:37 AM	#13
slickbear Warrior Member War Room Member Join Date: 2012 Posts: 5 Thanks: 0 Thanked 0 Times in 0 Posts	Re: Illegal now? Share on: Hi Guys, Any form of SMS that is unsolicited (i.e. they didnt opt in) is illegal. At one point you could send the first SMS as an opt in message and then if they replied yes you could continue, but this also got abused and spammed to death. The biggest problem is you can get huge fines by the carriers, they fine the SMS providers and they fine you. "Bulk Email" is far simpler to avoid the legal stuff but SMS ...not so easy