Is SMS Marketing Dead with these new laws?

Djman77 · 20th Dec 2013, 09:56 PM

I do not know many people who have list that all have opted in or have gotten written consent.

So now what? Is there any way around this? I mean $1500 per message is quite a scare for me to ever to this.

salegurus · 20th Dec 2013, 10:38 PM

I'm not up to date with the "new laws" you are referencing but i'm all for it.
I deal with enough spam on a daily basis and the last thing i need is more sms spam...

joe ferdinando · 22nd Dec 2013, 02:06 AM

No its not dead!

Effective Oct 16, 2013: TCPA = Telephone Consumer Protection Act, new law:

Under the new TCPA Laws as of 10/16/2013 at least here in the USA (don't know if this effects outside usa) - We need a Terms of Service which has the proper verbiage for SMS Text Message signup

Remember we are talking about the Can Spam act also
You must be fully compliance with the new rule and Can Spam law,
Every message that is sent out, will Automatically include the unsubscribe info, and biz info.

New Rule #1: Prior express written consent
Unambiguous written consent required before telemarketing call or text message. That means consumer must have a clear understanding that they will get telemarketing call or text message from a specific business/advertiser

New Rule #2: No "established business relationship" exemption
Established business relationship no longer relieves advertisers of prior unambiguous written consent requirement.

Verbage recommended to use by TCPA:
I am confirming that I consent to receive marketing texts, offers, and coupons, sent through an automatic telephone dialing system from "Your businessname", at the "phone number".(Twillio number) I understand that consent is not a condition of purchase. I agree to the conditions listed. We always respect your privacy

Add to pages:
1)Your terms of service page should include this verbiage
2)Your SMS terms of service page should include this verbiage
3)When using double optin include this verbiage in your text message!

if you are using a website signup form then you should have a box to check in your form:
By checking the box I am confirming that I consent to receive marketing texts, offers, and coupons, sent through an automatic telephone dialing system from "businessname", at the "phone number".(Twillio number) I understand that consent is not a condition of purchase. I agree to the conditions listed. We always respect your privacy

If your plugin gives you the double optin feature to use!
use the verbage in your optin to cover yourself!

If you do not have a double opt in then setup a second list
Have the first list send a confirmation text with the proper verbiage and have then reply to the new list. use only that list to send text!

Your sms plugin should be good to go, you just need to add proper verbiage to optins and confirmation, Terms of service pages to be legal!

The new law was passed so that companies could not take their customers mobile phone numbers they had in a database and send out a text without their first being an opt in text coming from those customers. And while it is possible to import bulk numbers into these sms plugins, that is not how it is designed to be used.

Each member joins a sms list with a sms plugin by texting a keyword to the club number. A RECORD IS KEPT... WITH TIME STAMP and with the exact phrase or verbiage that was texted to the join number. As a matter of fact anything a member text to the join number is recorded and can be readily accessed at any time under their individual subscriber record.

That serves as the "written consent". At anytime if someone says "Hey I didn't join this list", you can easily go to your sms list admin and pull up their number and give them the exact time, date and phrase (Proper Verbage) they sent in to join the sms list.

I have an Email to SMS pluging that conforms to the Can-Spam and TCPA at my site at ferdiworks.com

NewParadigm · 22nd Dec 2013, 12:39 PM

As an entrepreneur I like various barriers to entry. Keeps out the competition

If it's so easy even a caveman can do it, i'm looking for a different opportunity.

vne5 · 22nd Dec 2013, 11:49 PM

Start offering your businesses apps. I know, SMS is much easier to get the sign-ups, but it seems to me in the USA, you also have a much higher chance of getting yourself into a legal battle.

imsolutionsgroup · 23rd Dec 2013, 02:02 PM

All these new laws are doing is really preventing spammers from sending out spam via SMS.

If you were doing SMS marketing correctly from the beginning, there really aren't any significant changes.

So, to answer your question - HELL NO, SMS is not dead

zoomdark · 24th Dec 2013, 01:09 AM

SMS...it's not dead ^^

Emily Abbes · 24th Dec 2013, 04:10 AM

Hi,

Though SMS marketing has become old school, but it's not dead yet... it used to be effective way of doing marketing, but it doesn't mean its era is over...

imsolutionsgroup · 24th Dec 2013, 08:19 AM

Originally Posted by Emily Abbes

Hi,

Though SMS marketing has become old school, but it's not dead yet... it used to be effective way of doing marketing, but it doesn't mean its era is over...

Lol, why do you call it old school?

kyusho77 · 28th Dec 2013, 05:30 PM

SMS marketing is life and kicking. Just be complaint with the new legislation if you collecting leads or advertising a product.

TrumpiaTim · 31st Dec 2013, 11:26 AM

Hardly, if anything we found these new laws to root out a lot of the non-compliant users therefore actually safeguarding Mobile Marketing hopefully for the next few years.

This is refreshing considering how much junk mail we all got in our email inboxes nowadays.

20th Dec 2013, 10:38 PM	#2
salegurus VENI-VIDI-VICI War Room Member Join Date: 2009 Location: Houston Posts: 4,727 Thanks: 1,207 Thanked 3,007 Times in 1,609 Posts	Re: Is SMS Marketing Dead with these new laws? Share on: I'm not up to date with the "new laws" you are referencing but i'm all for it. I deal with enough spam on a daily basis and the last thing i need is more sms spam...
	Think of how stupid the average person is, and realize half of them are stupider than that. ― George Carlin

22nd Dec 2013, 02:06 AM	#3
joe ferdinando Ferdiworks Warrior War Room Member Join Date: 2005 Location: Spring Hill, FL , USA. Posts: 590 Thanks: 82 Thanked 450 Times in 283 Posts	Re: Is SMS Marketing Dead with these new laws? Share on: No its not dead! Effective Oct 16, 2013: TCPA = Telephone Consumer Protection Act, new law: Under the new TCPA Laws as of 10/16/2013 at least here in the USA (don't know if this effects outside usa) - We need a Terms of Service which has the proper verbiage for SMS Text Message signup Remember we are talking about the Can Spam act also You must be fully compliance with the new rule and Can Spam law, Every message that is sent out, will Automatically include the unsubscribe info, and biz info. New Rule #1: Prior express written consent Unambiguous written consent required before telemarketing call or text message. That means consumer must have a clear understanding that they will get telemarketing call or text message from a specific business/advertiser New Rule #2: No "established business relationship" exemption Established business relationship no longer relieves advertisers of prior unambiguous written consent requirement. Verbage recommended to use by TCPA: I am confirming that I consent to receive marketing texts, offers, and coupons, sent through an automatic telephone dialing system from "Your businessname", at the "phone number".(Twillio number) I understand that consent is not a condition of purchase. I agree to the conditions listed. We always respect your privacy Add to pages: 1)Your terms of service page should include this verbiage 2)Your SMS terms of service page should include this verbiage 3)When using double optin include this verbiage in your text message! if you are using a website signup form then you should have a box to check in your form: By checking the box I am confirming that I consent to receive marketing texts, offers, and coupons, sent through an automatic telephone dialing system from "businessname", at the "phone number".(Twillio number) I understand that consent is not a condition of purchase. I agree to the conditions listed. We always respect your privacy If your plugin gives you the double optin feature to use! use the verbage in your optin to cover yourself! If you do not have a double opt in then setup a second list Have the first list send a confirmation text with the proper verbiage and have then reply to the new list. use only that list to send text! Your sms plugin should be good to go, you just need to add proper verbiage to optins and confirmation, Terms of service pages to be legal! The new law was passed so that companies could not take their customers mobile phone numbers they had in a database and send out a text without their first being an opt in text coming from those customers. And while it is possible to import bulk numbers into these sms plugins, that is not how it is designed to be used. Each member joins a sms list with a sms plugin by texting a keyword to the club number. A RECORD IS KEPT... WITH TIME STAMP and with the exact phrase or verbiage that was texted to the join number. As a matter of fact anything a member text to the join number is recorded and can be readily accessed at any time under their individual subscriber record. That serves as the "written consent". At anytime if someone says "Hey I didn't join this list", you can easily go to your sms list admin and pull up their number and give them the exact time, date and phrase (Proper Verbage) they sent in to join the sms list. I have an Email to SMS pluging that conforms to the Can-Spam and TCPA at my site at ferdiworks.com
	Ferdiworks.com Last edited on 2nd Jan 2014 at 08:25 AM. Reason: typo

22nd Dec 2013, 12:39 PM	#4
NewParadigm Senior Warrior Member Join Date: 2011 Posts: 1,141 Thanks: 628 Thanked 286 Times in 222 Posts	Re: Is SMS Marketing Dead with these new laws? Share on: As an entrepreneur I like various barriers to entry. Keeps out the competition If it's so easy even a caveman can do it, i'm looking for a different opportunity.
	In a moment of decision the best thing you can do is the right thing. The worst thing you can do is nothing. ~ Theodore Roosevelt

22nd Dec 2013, 11:49 PM	#5
vne5 Owner LMCreatives War Room Member Join Date: 2011 Location: From USA but live in Beijing Posts: 172 Thanks: 6 Thanked 38 Times in 31 Posts	Re: Is SMS Marketing Dead with these new laws? Share on: Start offering your businesses apps. I know, SMS is much easier to get the sign-ups, but it seems to me in the USA, you also have a much higher chance of getting yourself into a legal battle.
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23rd Dec 2013, 02:02 PM	#6
imsolutionsgroup Advanced Warrior War Room Member Join Date: 2012 Location: Philadelphia, PA Posts: 629 Thanks: 39 Thanked 197 Times in 103 Posts	Re: Is SMS Marketing Dead with these new laws? Share on: All these new laws are doing is really preventing spammers from sending out spam via SMS. If you were doing SMS marketing correctly from the beginning, there really aren't any significant changes. So, to answer your question - HELL NO, SMS is not dead
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20th Dec 2013, 09:56 PM	#1
Djman77 Active Warrior Join Date: 2013 Posts: 34 Thanks: 0 Thanked 1 Time in 1 Post	Is SMS Marketing Dead with these new laws? Share on: I do not know many people who have list that all have opted in or have gotten written consent. So now what? Is there any way around this? I mean $1500 per message is quite a scare for me to ever to this.

24th Dec 2013, 01:09 AM	#7
zoomdark Warrior Member Join Date: 2013 Posts: 1 Thanks: 0 Thanked 0 Times in 0 Posts	Re: Is SMS Marketing Dead with these new laws? Share on: SMS...it's not dead ^^
	nước hoa dành cho nam - nước hoa

24th Dec 2013, 04:10 AM	#8
Emily Abbes Active Warrior Join Date: 2013 Posts: 55 Thanks: 6 Thanked 4 Times in 4 Posts	Re: Is SMS Marketing Dead with these new laws? Share on: Hi, Though SMS marketing has become old school, but it's not dead yet... it used to be effective way of doing marketing, but it doesn't mean its era is over...

28th Dec 2013, 05:30 PM	#10
kyusho77 Active Warrior Join Date: 2010 Location: London Posts: 83 Thanks: 28 Thanked 43 Times in 36 Posts	Re: Is SMS Marketing Dead with these new laws? Share on: SMS marketing is life and kicking. Just be complaint with the new legislation if you collecting leads or advertising a product.

31st Dec 2013, 11:26 AM	#11
TrumpiaTim www.trumpia.com War Room Member Join Date: 2011 Posts: 824 Thanks: 2 Thanked 65 Times in 58 Posts	Re: Is SMS Marketing Dead with these new laws? Share on: Hardly, if anything we found these new laws to root out a lot of the non-compliant users therefore actually safeguarding Mobile Marketing hopefully for the next few years. This is refreshing considering how much junk mail we all got in our email inboxes nowadays.
	[SIGPIC][/SIGPIC] www.Trumpia.com Trumpia: The Most Completed SMS Text Messaging Software & API Solution.