SMS marketing is a versatile tool for any industry, one that could start getting a bad name if businesses are ignoring the customer’s right to privacy. Businesses can also make a mistake by skipping necessary steps of getting proper permission from their subscribers. This brief post will help to explain the importance of each issue.

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Permission

Federal law (TCPA) requires that you receive “prior express written consent” from any customer that you send a message to. You also need to know that just because you have an “established business relationship” doesn’t mean you can contact customers without written consent. Here is the exact wording from the TCPA law:

1. Prior expressed written consent is required for telemarketing. All advertisers who will use SMS messaging or telemarketing to sell something must first obtain “express written consent” before they contact any customers.
2. An “established business relationship” is not sufficient for telemarketing [and SMS marketing].  Advertisers may not use an established business relationship as an excuse to neglect obtaining express written consent prior to making a telemarketing or SMS contact.

All  you have to do to gain permission is to have your subscriber opt-in to the service on their phone, or sign some sort of sign-up list. You need to make sure to tell them that they will be receiving messages from your business periodically when they sign up. It has to be clear to them what they are signing up for.

Not only is this a good business practice in general, but it also helps make sure you build a subscriber list of people who are genuinely interested in what you have to offer. You’ll be reaching people who are truly interested, and therefore much more likely to act on your SMS marketing campaign.

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Privacy

Permission goes hand-in-hand with privacy. Gaining the right permission will keep you in good standing as far as the law is concerned, but it will also help to make your subscribers feel safe and more willing to connect with, and act on, your messages.

Our cell phones are with us wherever we go, every hour of the day. According to Pew Research, 91% of adults own a cell phone, and 44% of cell phone users sleep with their phone by their bed, so as not to miss any calls, messages, or updates.

Because of the intimate nature of the cell phone, it is important that businesses maintain a standard of privacy. Firstly, you should never send false information to subscribers. Don’t send them a coupon that you won’t honor, or tell them about an event that isn’t real. This will quickly leave you with zero subscribers, and far fewer customers, giving your company a bad reputation.

Secondly, don’t text subscribers every day. Very few industries need to send blasts out every day. Unless your customer or employee was notified that they would receive a message every day, you should limit your contact to 1-2 times a week or less.

Thirdly, don’t send blasts out at all hours of the night. If it would be rude to call the customer at that time, then don’t send a message at that time (emergency communication excluded). Keep in mind that almost half of cell phone users sleep with their phones close by. You don’t want to wake them up for a BOGO (buy one get one sale); you’ll lose customers extremely quickly.

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Conclusion

It’s best to use the golden rule in every aspect of life. If you wouldn’t want to receive a text or call at that time, or that frequency, or about that topic, then don’t send it out. More than ever, customers are picky and they have a lot of options. All it takes is one act of dishonesty, or one inconsiderate text, and they’ll likely move on to one of your competitors.