All SMS campaigns are subject to legal compliance laws. While this is not as complicated as it sounds, it is important. The biggest hurdle for SMS marketing is obtaining full and explicit consent. But what does that mean, and how do you get it?
TYPES OF CONSENT YOU CAN OBTAIN #
- Single Opt-In – A customer providing their phone number is taken as an opt-in.
- Double Opt-In – A more thorough option, which occurs when the customer provides their phone number but also needs to respond to a confirmation message to confirm their opt-in.
IMPORTANT THINGS TO REMEMBER #
1. CONSENT: #
You must have informed consent from each customer in order to send them SMS messages. Please note that consent to receive emails is not the same as consent to receive SMS messages: these must be obtained separately. You may obtain consent by:
- Including a tickbox at checkout
- Sending them an email, or a text.
- Providing a web form, or a hardcopy form.
Consent is implied if a customer initiates a text conversation, consent is implied, but you must always give opt-out links or texts in every following conversation. To adequately give consent, customers must be old enough, and informed enough to provide it. ITherefore, it’s important that you consider product age-restrictions on products, and are able to verify customers’ ages where applicable. Customers must also be able to access Terms and Conditions, so that they know exactly what they are consenting to.
2. PERSONAL INFORMATION: #
You are entrusted with customers’ phone numbers. This counts as personal information, and you have to treat it as such. You are only allowed to possess this information when there is a lawful basis for your having obtained it. This is where consent comes in.
You must never :
- Pass on this information to anyone else
- Use it for anything other than what the customer has consented to
- Store the information on a system that is not secure
- Prevent users from withdrawing their data, or requesting a copy of it
- Charge users for accessing or withdrawing their data
- Send any messages that do not have an option to opt-out
- Send any messages following a customer’s decision to opt-out.
3. LIFESTYLES: #
SMS is viewed as a more invasive form of communication than email. You must therefore consider things like SMS quiet hours, as well as how many messages you send, and how frequently. Remember that people receive loads of information via text every day. You need to be clear and concise about who you are and why you’re messaging. This benefits your business, as well as your customers.
4. ABANDONED CARTS: #
As valuable a tool as they are for inciting purchases, you are only allowed to send one SMS abandoned cart reminder within 48 hours of cart abandonment. To do this at all, you must also stated during the opt-in process that these messages would be sent.
5. COMPETITIONS: #
On the whole, competition marketing is not that different to all forms of e-commerce: both require similar levels of consent. However, it is important to bear in mind that you cannot simply use competition entries to build a marketing list, without clear consent. When building your marketing list, all communications (including social media) should include:
- All significant information about the competition so that customers can make informed decisions about whether to get involved – this includes how to enter, start/closing dates, and restrictions on entry.
- A full set of Terms and Conditions, addressing how and when winners will be notified. They should be outlined in the initial posts, but also accessible prior to entering the competition, e.g. via hyperlink.
All entrants MUST be entered in the prize-draw. Make sure your data collection method is reliable, so that no one gets missed out.
WHAT HAPPENS IF I VIOLATE THE RULES BY MISTAKE? #
Whenever there is a violation of laws, the ICO will be called upon to investigate. They will decide what action to take, based on your company’s history of violations, and on the violation itself. Potential consequences include large fines and damage to the company’s reputation. While this can sound worrying, it’s certainly manageable.
Just remember: obtain consent, maintain records of it, and give your customers informed choice. It all comes back to that question of consent, the answer of which should always be ‘yes’.
For more information on how to get started with SMS Marketing, please see:
- 5 SMS Automations to include in your Campaign
- ‘Drop your Digits’: Six ways to grow your SMS mailing list
