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sms marketing / discussion: barely legal

Discussion in 'Mobile Marketing' started by richgats67, Jan 14, 2013.

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  1. richgats67

    richgats67 Newbie

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    friends! have been lurking through the forum for a while now but still haven't clarified some things:

    - SMS marketing is not illegal, nor is it illegal to send out messages to a database you yourself did not amass (i.e. it?s still okay to rent or buy databases) . do i still have to ask for a double opt in or is in this case single opt in enough?

    - what about short codes? what are those best for? ringtones? ..

    - saw some ugly legal cases on the internet about a guy who fukced up pretty much all of the TCPA rules [source: hXXp://mobilemarketer.com/cms/news/legal-privacy/9188.html] but on the other hand: SMS is considered to be a 'call' same as email according to TCPA. as far as i know: 'TCPA is now included into CAN-SPAM' correct me if i'm wrong! so mailing to single opt in is legal is texting legal too?

    want to hear your thoughts! also please refer to any useful legal docs or sources. exclude such trivial things as TCPA, MMA, MMG.
    also your personal experience in sms marketing is highly appreciated!!
     
  2. nemessis

    nemessis Newbie

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    Depends, are you going to be spamming? How many numbers? Where?
     
  3. richgats67

    richgats67 Newbie

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    lets talk about us and uk here. what do you mean spamming? no "automatic number generator" and no "automatic telephone dialing system".
     
  4. richgats67

    richgats67 Newbie

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    We are buying 3rd party lists (Single Opt-in), no auto-number generators. Problem since no double-opt-in??

    With our provider (twilio) it costs the user money (reply SMS) to unsubscribe. Problem??

    What does my disclaimer have to look like in the SMS? I cannot include company name, physical address, opt-out link, opt-out instructions, etc, line in a classic marketing email because of 160 Char Limit!

    I read that US Providers don't allow marketing message from NON-Short Code numbers. Is sending from a long code against the law or just against their (irrelevant) policies?
     
  5. dr.Hus

    dr.Hus Regular Member

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