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Unread 6th Nov 2012, 09:39 AM   #1
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Important SMS legal question??
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I have never been asked this surprisingly, but a client just asked me, and I don't know the answer.

When an SMS subscriber opts out of a list and opts back in, our sms system re-sends them the original opt in message (a coupon offer). The client doesn't want to send them the same opt in message and give the person the coupon again - they feel like people are gaming the system and getting the same offer multiple times.

I don't know for sure, but I think it is a legal issue that once they are opted out, they are completely out of the list and therefore treated as a new subscriber if they were to opt in again.

Is that the case??

Thanks in advance.

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Unread 6th Nov 2012, 10:31 AM   #2
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Re: Important SMS legal question??
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If it's an important legal question you should be asking a lawyer.

Short of that your best source will be the service provider
who likely has all the legal bases covered... call them.

The smartest thing you can do is ignore any post following this
one that offers a definitive answer to your question. Unless, of course
the post comes from one of the service providers who often check
in here.

If you knew what I know you'd be doing what I do...
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Unread 8th Nov 2012, 08:56 AM   #3
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Re: Important SMS legal question??
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This is probably not an issue to be too concerned with because most people won't keep opting out and rejoining to get the "deal" again. But on that note, here is my experience with this....

I use Twilio and whenever I put something together I test it with my own cell phone number. Early on, I would test the opt out function and it worked fine, but when I tried to rejoin the list I never got the reply message back again. Drove me crazy for awhile, until I contacted Twilio.

I was told that when I opted out using my own phone number, their system automatically considered it to be a number that could not be resubscribed to again. In other words it was unsubscribed for that Twilio number for good. I had them lift that function for my own cell phone number and I haven't had a problem testing like this since with my phone number.
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Unread 8th Nov 2012, 09:26 AM   #4
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Re: Important SMS legal question??
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If he continues to send great offers why would they opt out and back in?

Also your service provider may be able to send a different message to those who opt in a second time.

"Thanks for rejoining our VIP Text Club. Text Club only Specials will be coming your way soon"

IMO this isn't a legal question but a techinical question on rather your service provider can handle that.

Of course the better question is "does it matter?"

Unless the deal he offered is losing money every time someone uses the offer it makes him money he wouldn't have had before. And once the list is built up he can change the opt in deal to something more normal that he offers behind the scenes more often like 10% off. Personally I have one resturant that runs a 10% off coupon all the time you just have to print it off thier website. I only use it about 25% of the time I go there. Why? Because it is too much effort.
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Unread 8th Nov 2012, 09:52 AM   #5
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Re: Important SMS legal question??
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Originally Posted by Tsnyder View Post

If it's an important legal question you should be asking a lawyer.

Short of that your best source will be the service provider
who likely has all the legal bases covered... call them.

The smartest thing you can do is ignore any post following this
one that offers a definitive answer to your question. Unless, of course
the post comes from one of the service providers who often check
in here.
Actually, most lawyers are not going to have a clue unless they happen to specialize in this area. Second, most of us who own our own shortcodes are well aware of the laws since one mess up that shuts down the code shuts down the entire business and all the clients you have on that code.

Lawyers tend to specialize in certain areas. There are many laws that change often. They will not know.

But trust me, companies who own their own shortcodes will.
What is required by law is for a new subscriber to receive the appropriate disclosures - text message rates - 4 messages per month - text stop to opt out - text help for help

Some customers do opt out and opt back in to Juke the system no doubt. The fix is on the programming level to send the disclosure but not the coupon which will cover you. To do this opt out would have to be stored and referenced against new opt ins.

This is similar to a person who texts coupon to 12345 and get a message that says you already got your coupon. Stay tuned for more.

By the way. People get in trouble with SMS by
1. loading a whole list of number into their system and blasting messages to non optin people. Several complain - problems.
2. By using a non SMPP to send commercial texts again without optins. Spam texts.
3. Having text THIS to 1234 on the web with no disclosures. They have spiders that check for this.

You guys are far from trouble in what you are talking about.
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