What's The Legal Compliance for Text Message (SMS) Marketing?

It is vital that you follow the regulations by the Data Protection Act and The Privacy and Electronic Communications Regulations 2003. Whichever way you choose to compile your database, it is important to always make sure you stay legally compliant.

In summary, The ICO (Information Commissioners Office) state that organisations may not send a text message if the recipient has not agreed to it, unless;

  • the sender has obtained your details through a sale or negotiations for a sale
  • the messages are about similar products or services offered by the sender
  • you were given an opportunity to refuse the texts when your details were collected and, if you did not refuse, you were given a simple way to opt out in all the text messages you received

For more information on staying compliant, visit The ICO.

So, if you are sending texts to existing customers then follow the bullet points above. If you are sending texts to prospects then they have to have opted in to receive them first.

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