Text Message Marketing Rules

Thinking about starting a text message marketing campaign? Great! Just make sure that you do it the right away, because sending out marketing messages to the cell phone numbers of people who don't want to hear from you, and who haven't given you permission to contact them, is illegal.

We are all familiar with spam - that's the marketing message that shows up in your e-mail inbox. Not only is it uninvited and unwelcome, it is annoying and illegal. That's because in 2003, the FCC (Federal Communications Commission) passed the CAN-SPAM act, which specifically prohibits the sending of unwanted email messages. In 2005, that act expanded to include sending messages to wireless devices like smart phones and cell phones. This act was particularly important to consumers who pay for the text messages they received, and who were feeling helpless against marketers sending unsolicited advertising to their phones that they were being charged for.

Message with phone




The rules are pretty simple. If you have an existing relationship with a cell phone user, like an account, or if they own a product that they purchased from you and you are carrying a warranty on that item, then it's okay for you to send them messages. It's also okay to send messages that are noncommercial in nature, like political campaign information or charitable donation information.

Using the SMS service

The best way for you to make sure that you don't get yourself into trouble is to make sure that, as you build your text message marketing list, you are either getting people to sign themselves up (and therefore establishing permission for you to send them messages), or to work with an SMS service company that is providing you with a clean list.

You should also take note that the MMA (Mobile Marketers Association), an organization in the United States which establishes best practices for text messaging, has also required that your text marketing messages must include a way for a consumer to opt-out of receiving messages, just as they opted in. Be sure that any message you send provides the consumer on your list with a way to tell you to stop.

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