Why You Shouldn’t Send Unsolicited Bulk SMS

Sending out unsolicited bulk SMS messages can be dangerous and incur fines of more than $1 million. A couple of simple steps are all you’ll need to ensure that your messages are legal and targeted.

SPAM – it’s almost an expletive, which just shows how much people – your current and potential customers – hate it. Last week soft drink giant Coca-Cola came under the spotlight after sending out unsolicited bulk SMS messages to mobile users.

According to Coca-Cola, this move was unintentional. As such, they only received a formal warning from the Australian Communications and Media Authority (ACMA). They were lucky. Legislation makes it possible for corporate offenders to be fined up to $1.1 million a day for sending out repeat bulk SMS spam messages.

Using bulk SMS as a marketing vehicle has proved to be a great success for companies, both big and small, especially since mobile phone penetration is still increasing around the world. But you have to ask yourself: “How can I do things legally?” More importantly, what problems can crop up that could land you in a spot of trouble?

Let’s have a look at the Australian Spam Act of 2003. According to the “Simplified outline” in Section 15, contravening any of the following can (and probably will) put you in line for a hefty fine:

•      Unsolicited commercial electronic messages must not be sent.

•      Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.

•      Commercial electronic messages must contain a functional unsubscribe facility.

Clear Communication Through Bulk SMS

If you’re planning to send out bulk SMS messages, then the onus is on you to ensure clear communication, making it easier for your customers to subscribe and unsubscribe. Here are a couple of things to keep in mind:

1. Use an application or API (Application programming interface) that supports two-way communication – this will allow you to receive replies from your customers. The HTTP/S and SMPP API’s will allow you to send and receive. Small companies, who don’t make use of existing SMS applications or who don’t have their own developers, will be able to make use of the HTTP/S API through an existing web interface that allows for the sending and receiving of bulk SMS messages.
2. Keep opt-in messages short, sweet and crystal clear. “Reply to this message for future specials” is one of the most common opt-in messages used. However, keep in mind that buttons do get pressed accidentally, and you might receive an accidental confirmation instead of an intentional opt-in.Instead, ask for a specific reply such as “Reply with your name to receive further promotional communication”, which will give you more assurance that your customer has read and understood the message. As a bonus, you’ll have a name to associate with each number, which you’ll be able to use for message personalisation.
3. Use message templates that contain all the necessary legal information. This will not only keep you Spam Act compliant, but also save you a bit of time.
4. Remember to identify yourself. If you’re using a number as a message sender ID, then you’ll have to mention your company name in the body of the message. But remember that it is also possible – depending on the network and countries you are sending to – to use a company and/or product name as the sender ID.

So what does a legitimate message look like? Here’s a fictional example:

(Optional) From: ACME BrickCo.

Message: Build more for less this festive season. Reply with “BRICK” for more information from ACME BrickCo. To opt out, reply “Stop”.

From the example above, it’s apparent that staying on the right side of the Spam Act isn’t that hard.

Be safe this festive season by ensuring that the messages you send to your customers are those they have opted for and that the message body contains all the necessary information for a legal bulk SMS campaign.

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Tags: API's, bulk sms, Bulk SMS Messages, bulk SMS messaging, Bulk SMS text messages, Clickatell AUS, Coca Cola SMS, Developer SMS API's, SMS