Following last week’s edition about the response mechanic, this week’s chapter is all about the legal side of mobile marketing. It’s a much discussed and frankly grey area. I don’t think the mobile marketing industry has done itself any favours by making it so confusing and challengiing for mobile marketers to get simple answers to simple questions. There are 5 or 6 industry bodies, all of whom have slightly different interpretations of what is and what is not permitted
So this chapter is all about answering this simple question….
Am I allowed to send my customers a mobile marketing campaign?
This really is one of the most frequently asked questions on the subject of mobile marketing . The place to go to get chapter and verse on this is The Information Commissioner’s Office website. There, you’ll find a very dry document, the vast majority of which is irrelevant to mobile marketers.
On the site they do however have a helpful FAQ’s sections where the following, very specific question is asked.
Q: I want to market my customers, both existing and potential, by phone, fax and email. Is there anything I need to be aware of? (Mobile marketing is covered by the same rules as email marketing.)
The response is as follows:
Emails and text message
“You must not contact individuals without their prior consent UNLESS you have obtained their details in the course of a sale or negotiations of a sale, you only contact them about your own similar products or services and you give them the opportunity to opt out of receiving further marketing messages each time.”
So if a customer or prospect has given you their mobile number, then you are more than entitled to include them in a bulk sms campaign without them having specifically opted in. You need to make sure you include an sms opt out and that you’re not selling them something completely different.
All Text Marketer accounts come with a free opt out code that customers can text in to remove themselves from future mobile marketing campaigns. It’s a failsafe system that adds their number to a stop list, so that they can’t receive any more text messages from you.
So hopefully that’s cleared it up for you if you had any doubts. I think the rules are common sense really but please feel free to call us on 0117 2050202 if you need further clarification.
If you haven’t already got an account, your can set one up for free. Use the promotional code ‘Nirvana6′ and you’ll get 50 free text credits.
The next chapter is all about the practicalities of getting a campaign up and running. Where do you start and what it is likely to cost?
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