SMS - Text Message - Marketing is scary for permissions

Not just scary for permissions, but SMS Marketing is one of the most intrusive methods of marketing currently known to mankind. BlueSpam is more intrusive but currently less common. And it is not prevented by simply registering your phone number (in the UK) with the Telephone Preference Service, because the TPS simply has no power over text messages.

Directive 2002/58/EC is very clear on SMS Marketing, and the UK Privacy and Electronic Communication Regulations (PECR) are as clear as that slightly bewildering piece of legislation can be. SMS is equivalent to email.

This means that, in the UK, SMS marketing may only be sent to those who are lawfully able to receive it. That means not to Individual Subscribers without their prior consent.

"Ah, that's easy. If someone gives me their business card with a mobile number on it, then that's a corporate subscriber."

Look deeper. I have a mobile phone out of necessity. I work for myself, and I am that subscriber. Like so many consultants I work in a group of associates, or I work alone. I have business cards for each situation. Additionally, my number is one I have used since 1998, and I took it with me when I left Gartner and started to work for me. You simply have no idea if my number is "Individual" or "Corporate".

Since you have no idea, texting me with marketing messages is not a great idea. You are definitely going to commit an illegal act if you do, and I also hate that act anyway. And I am not the only person who hates it.

Back in August 2003, The Register carried this article on SMS spam. To quote from it: "When an unsolicited text message is received a Vodafone customer can forward it, free of charge, directly to 87726 or VSPAM on their mobile keypad. Vodafone will then collate a consolidated report of all the unsolicited text messages reported by its customers, which it plans to send directly to mobile messaging regulators."

Vodafone had become increasingly irritated with people who texted their customers with messages asking them to call premium rate numbers. They felt that their customers were being ripped off, and, instead of just saying "Contact ICSTIS", they did something. They gave their customers an easy way to report this sharp practice and they went two steps further.

They take steps to prevent, along with other cellular service providers, the insertion of messages from known spammy neighbourhoods, and they withhold any premium rate revenue that would have been paid to the spammer. Itls apparently too complex to return to the customer, so they put it to good, non commercial use, outside Vodafone.

"But I'm a genuine marketing manager, and I have a genuine, valuable, non scam, non spam campaign to run."

Get permission.

You already know that I hate spam, and I hate invasion of my cellphone. But I promise I will let you in if you can give me a good reason to permit it.

What I will not permit is a generic marketing campaign like "Buy Washo, it won't etch your glassware" (Ok, I couldn't resist that one, sorry).

What I will permit is something that is of genuine use to me.

So, what would, be useful?

Well, on May 14th I have a friend coming to visit me from Omaha, Nebraska. He'll be here for two weeks. We joke about my showing him trees because Omaha is reputed not to have any. But what I could be interested in are details of London theatre shows with short term sudden availability tickets. I'd want that to start on the 14th and end on about the 23rd. Note the subjunctive. This blog absolutely does not give anyone permission to do this!

He is wanting to visit either Edinburgh or Dublin. He will want low cost airfare details during his visit.

SMS Marketing is for short term, short acting, informational campaigns that offer added value. Shove anything at me and I'll not only VSPAM you, I'll raise a complaint under the PECR to the UKIC. Get my consent by letting me know by other routes that you have a service I want and I'm in.

I view your marketing campaign as customer service then, you see. You view it as a campaign to gain extra revenue.

I have one very simple rule for campaigns that get as up close and personal as my phone: "No Permission, No Campaign". That's pretty black and white. Put simply, if you do not have my permission then you're a spammer, and I am by no means alone in dealing with you and your spam efficiently and formally. Some people will sue you, too.