Telephone Consumer Protection Act – TCPA – and SMS Marketing

For those interested in learning more about SMS marketing, it is important to have a comprehensive understanding of the Telephone Consumer Protection Act to understand the role in plays in text message communication and using the voice and text for marketing purposes.

Although the Telephone Consumer Protection Act (TCPA) was first enacted in 1991, it has since changed and been updated to accommodate the rules surrounding newer mobile communication technology like SMS messaging and text marketing methods of advertising. In 2010, the courts around the United States began ruling that the TCPA would apply to SMS messages. The rules behind the new laws surrounding text marketing indicate a violation of the Telephone Consumer Protection Act in cases where the messages are sent to the consumers without their consent. In these cases where the SMS marketing messages are sent to individuals’ mobile phones without their consent, this represents a violation of the TCPA, which could result in legal repercussions for the marketer as well as for the SMS text message marketing provider.

The TCPA currently is the primary law in t he United States that governs the conduct of telephone solicitations. Now that marketing has made its way to mobile SMS messaging, the TCPA is holding its laws over that aspect of communication and solicitation as well. The Mobile Marketing Association is one part of the regulation over ensuring that the marketing companies that use text marketing as a way to notify their customers about sales, discounts, upcoming events and more are following the rules set forth by the Telephone Consumer Protection Act.

Telephone Consumer Protection Act and SMS Marketing:

Under the restrictions of the TCPA and SMS marketing rules, the marketer is restricted from sending marketing messages to unsolicited respondents. Essentially, businesses cannot send messages to mobile phone numbers unless the owner of that phone line has expressed their permission at receiving messages from that company.

Unfortunately it is common practice for businesses and marketers to purchase lists of phone numbers online on websites like eBay to send their messages out. These kinds of practices are illegal and can cause legal implications for the person or business sending out the text message as well as trouble for the text message marketing provider that is selling these text marketing plans.

There are several companies that are known for offering automated services that allow the marketing company to send out bulk text messages. While this practice is fine as long as the recipients of the messages have signed up or given at least oral consent to receive the messages. Otherwise, this kind of practice can cause legal consequences and can potentially get the business and the text marketing provider shut down for a period of time.

For those interested in using a text marketing service, it is important to make sure you understand the rules and guidelines set for text marketing campaigns to ensure you are meeting and abiding by the rules of this method of marketing and solicitation. Be sure and follow those rules to ensure a successful text marketing campaign. Failure to do so will likely get your account suspended by your text message marketing provider as well as risk you getting into legal trouble if enough of your unsolicited message receivers file complaints. This can do damage to your business and your credibility and reputation, which will ultimately hurt your profits and customer base.

If you have any questions about the details of the text marketing campaign you are using to advertise your business, be sure and check out the terms and conditions and read thoroughly to understand what the rules of text marketing entail to ensure you are meeting those guidelines set forth by the MMA and the TCPA for SMS marketing.

How to Block SPAM Text Messages

Many mobile phone users might be wondering how to block SPAM text messages. Unfortunately now that text marketing has really taken off in popularity, some companies are finding illegal ways to continue to send messages to mobile phone users, also known as SPAM.

Learning how to block SPAM text messages is a great way to get rid of those annoying messages from vendors that you didn’t sign up for in the first place, but continue to use up the number of messages you have in your texting plan. For those without a texting plan, these SPAM text messages can be even more annoying and costly. There are a few ways to learn how to block SPAM text messages. Depending on the type of phone you have, you can block SPAM text messages pretty easily.

With text marketing really taking off in popularity among many online and store front business owners, there are also some companies that are taking advantage of this technology and using it for illegal purposes. When a company signs up for service with text marketing company there are certain regulations that must be followed according to the Mobile Marketing Association. The MMA strictly prohibits sending text messages for marketing purposes that are not received on an opt-in basis. This means that the receiver of the messages has to have signed up for the service or have been given the opportunity to opt out of the service by replying to the message with STOP TO CANCEL. This is how SMS marketing companies know who they can legally send messages to or not. The companies that send these messages to a person’s cell phone via text message without permission, is doing so in violation of the MMA. The best way to get rid of these companies from continuing to SPAM your text message inbox is to block the number from your phone. It is also helpful to report the company and its number or short code to the MMA or your mobile wireless carrier.

To block SPAM text messages from your phone, you can go about blocking the numbers individually as you receive the messages. You can also go about using various phone calling systems that will prevent all of these SPAM calls and text messages from coming in the first place. The easiest way to go about blocking SPAM text messages is to simply block them entirely by calling your mobile phone service provider. Simply call the customer support number and you can get the messages to stop coming. However, this is really only a viable option for those cell phone owners that do not wish to use text messages at all. If you are not one of those people and want to continue texting family, friends and other known contacts, then it is better to block the numbers individually. This can sometimes be done by contacting your cell phone service provider again. Sometimes they are able to block individual numbers from calling or texting you. However, a lot of these SPAM text messages come from computers instead of another cell phone. This can be more difficult for cell phone owners to block directly.

If you have a smart phone, there are other calling systems like Google Voice that you can use to block calls and SPAM texts as well as report them as such. Google Voice employs a call screening system where the caller must indicate who they are and the receiver has to chance to allow the call or hang up for accepting the call. There are also other security software applications that can be used with most smart phone operating systems to help block SPAM text messages. If you have other types of phones that are more basic, the best way to learn how to block SPAM text messages is to simply block each number individually by calling your carrier each time. While it can be more annoying and time consuming, it is usually worth it. In addition, the best way for any cell phone owner to block SPAM text messages is to be careful what kinds of services and programs you sign up for. There are many services that are legitimate and will offer great discounts and promotions on services and products for their business via mobile marketing. However, it is also important to realize that some of these companies are not as reputable and will illegally sell your phone number to other SPAM marketers. Be careful who you give your phone number to as a way to block SPAM text messages.

Unsubscribing SMS Databases

There are two faces of unsubscribing to SMS databases. From the subscribers’ side, the SMS database is not visible. From the provider’s side, however, the unsubscribing client must be removed from the database of contacts. This article explains more on how to unsubscribe from SMS Databases.

Unsubscribing from the Subscriber’s Point of View

As with other advertising systems that send messages to customers and/or potential customers, SMS (Short Message Service) is required to have a subscribe method to which users opt-in and an unsubscribe method that makes it easy for them to opt-out. The Telephone Consumer Protection Act of 1991 (TCPA) in the United States, the Spam Act in Australia, and other laws around the world. In general, they require that there be an opt-in method by which the subscriber explicitly states that he or she wishes to receive messages of a certain type or description, and an unsubscribe method by which he or she can cease to receive such messages. In some laws, it is required that the unsubscribe method be both simple and cost-free and that the opportunity to unsubscribe be offered every time a message is sent. In some laws, the length of time that the unsubscribe facility for each message must remain available is also mandated.

There are various unsubscribe methods used by different providers to remove your number from the SMS customer database, so it is a good idea to print a copy of the unsubscribe information at the time that you sign up for a text message subscription and file it in a handy place.

• For some services, you may have to log-in to your account on the SMS provider’s website and unsubscribe there.

• Another alternative is an open unsubscribe web page on which you enter your email and mobile number and click and unsubscribe button. On some sites, additional information (such as full name and date of birth) may be required.

• Various words texted to an 800 (toll-free) number or short code may be used to unsubscribe. Depending on the provider, these include:

STOP

Unsub

NO

Unsubscribe

Confusingly, some providers ask the subscriber to submit the word ‘SUB’ by text message to a particular number in order to UNsubscribe.

• Another method may be set up by the SMS marketer by choosing the sender name on SMS messages to be the short code for unsubscribing. The message to the customer, then, would only need to include the designated unsubscribe word. This saves the customer a step because all they have to do is enter the unsubscribe word and hit reply to cancel their subscriptions. Alternatively, a standard Sender Name can be used with instructions that include both the unsubscribe word as well as the number to send it to.

Unsubscribing SMS Databases on the Provider’s Side

If you are using SMS marketing, you should know the details about how your customers can unsubscribe from your SMS customer database and what happens from there to make sure that they don’t receive any more messages. If you are using a text message marketing company, this may be described in their FAQs. Two common ways are that a customer’s unsubscribe message, using the correct term, is sent to a unique five-digit short code or they fill in identifying information on a web page and click an unsubscribe button. Either of these methods can be used to remove a customer’s name from your SMS customer database.

The exact subsequent steps and how long they take depend on the company through which your SMS service is hosted. For example, one text marketing company says that as soon as the message is sent, the mobile number originating the unsubscribe is added to your unsubscribe list and it becomes impossible to send messages to that number, ensuring that no mistakes are made. Another company says it can take as many as 5 days. Your text marketing company should provide you a way to see your unsubscribed database as well as a way to see what code is required to unsubscribe.

Sources

findlaw.com.au
elc.co.za
mobilestorm.com
google.com
irishwebmasterforum.com
forums.whirlpool.net.au
acma.gov.au
nc-educationlottery.org
textmarketer.co.uk

Pros and Cons of Opt-in SMS

The pros and cons of opt-in SMS text messages are few, yet important.  Keep reading to learn the advantages and disadvantages of opt-in SMS prior to opting into text message marketing programs. Find out how to get only the SMS messages you want when you use opt-in SMS.

One of the coolest things about having a cell phone is that it is possible to receive alerts no matter where you are. You can receive text messages from friends and family on the go, and never be out of the loop. Another advantage of these short message service (SMS) messages is that you can also get updates from your favorite media companies, as well as receive exclusive offers from your favorite stores. Opt-in SMS can mean that you stay connected to product and service providers that you are interested in, as well as get notifications on special sales, promos and events. But be careful; after awhile, all the SMS marketing messages can become annoying and frustrating.

Advantages of Opt-in SMS

The biggest advantage of opt-in SMS is that you get the text messages you want. If you are interested in a certain retail store, you can use opt-in SMS to get coupons from that provider. You can also receive alerts for special sales. Many retailers and others now offer special deals to those who opt-in to receive text message marketing. If you shop somewhere specific on a regular basis, opting in can save you a great deal of money over time. And, if you aren’t interested in a particular deal, it only takes a few seconds to read the message, and then discard it.

For those who are involved with specific media companies, it is possible to use opt-in SMS to enjoy contest promotions and special events. Radio stations, web sites, and TV shows often have special promotions that they run with the help of text messages. You can receive early sales notifications for concerts, enter contests that can mean that you win free merchandise or even cash, and get the scoop on the latest news and Hollywood gossip. SMS messages can provide you with a way to stay connected, and get access to freebies and extras.

Disadvantages of Opt-in SMS

There are disadvantages to involving yourself with text message marketing from different companies. First of all, you are putting your privacy at risk. When you opt-in for SMS messages, you are allowing yourself to be put on a list. In some cases, a list of opt-in cell phone users may be sold to other companies. You want to make sure that you understand the privacy terms and conditions before you opt-in. If you do not want to receive marketing messages from others, make sure that the involved company has guidelines that include not selling or sharing your information.

Another issue is that these text messages can become annoying. If you sign up for a bunch of opt-in SMS lists, you could start receiving far more messages than you want. Another problem is that some companies are a little over-enthusiastic when sending out messages. You might find that a list you signed up for sends text messages more frequently than you would like. The good news is that you can cancel your opt-in if you want. If you are getting to many text messages, and you do not feel as though you are getting good value for them, you can decide to opt-out, ending the messages. This might require a few steps, though.

Depending on how you use media, and how you use your cell phone, opt-in SMS can be rewarding. However, in some cases, it may be more trouble than it is worth. Carefully weigh your options, and consider whether or not you will benefit from opt-in SMS.

SMS, SMPP, and SMTP

In a day of increasing technology, there are many new types of communication like text messaging and text marketing that includes SMS, SMTP and SMPP. Each of these various types of text message services have different definitions. 

To understand the difference and how each messaging type works, one must know what each of the various messaging acronyms stand for:

  • SMS: Short Message Service
  • SMTP: Simple Mail Transfer Protocol
  • SMPP: Short Message Peer to Peer
In reference to how these systems work in the text message marketing industry, SMS uses short code as a way of transmission. This is regulated by the various cell phone providers and the Federal Trade Commission. SMTP works by the use of an email gateway, which is attached to every cell phone number with the wireless carrier as the domain name to send the text messages. SMTP is similar in the way it uses short code transmissions to send messages. However, SMTP is able to work through a loophole in the regulated system that allows for text marketing companies to use this as a way of sending unlimited text marketing.  Deliveries of SMTP text messages are sketchy at best and wireless carriers are constantly shutting these gateways down. Text message marketing companies utilizing SMTP text messaging services can be fined from the FTC along with the text message providers themselves.
 
The Differences in SMS, SMPP, and SMTP
 
  • SMS  Text Messaging –  is currently the most widely used data application in the world with over 2.4 billion users. SMS text messages are often used by businesses to generate marketing and information transmission between the company and the mobile subscriber for a variety of services including marketing, promotions, emergency alerts and entertainment services.
  • SMPP Messaging –  is the actual protocol for sending SMS text messages between peer entities like short message service centers. It is used to allow service providers like news organizations and text marketing companies to submit messages in mass format to individuals. The protocol is based on pairs of request and respond Protocol Data Units exchanged over connections.
  • SMTP  Messaging – is a message system used to send e-mail messages from computer to computer. It is a text-based protocol much like SMPP. However, it is “push” based meaning that information cannot be “pulled” or retrieved from the server. A message is sent successfully via SMTP by the operation of the SMTP server, which verifies the message configuration and grants permission to the computer that is attempting to send the text message. The one limitation to SMTP is its inability to authenticate the sender, which can result in message spamming.
Text messaging has made a significant impact on the marketing industry and those that utilize text message marketing services will see continued results given that they use the system correctly.

SMS Security

One of the advantages of the ability to send short message service (SMS) texts using your cell phone is how easy it is to stay in touch with others. It is easy to be connected when one uses SMS messaging. Additionally, it is possible to receive updates from favorite retailers and businesses about certain items, sales and coupons. Many consumers also like the ability to check bank account balances and receive other critical emergency text alerts via SMS messaging. However, as with all technology, there are concerns. SMS security is a bit of an issue.

SMS Security Issues

SMS security can be compromised. Because of databases that are sometimes shared, and because information on cell phone numbers has to be stored somewhere, there is the potential for hacking. Privacy concerns can be a problem, since being involved with SMS text messaging can open your cell phone to invasion. In some cases, if you have a work cell phone, it is possible for messages to be saved and read later. Additionally, it is possible to get text message records from cell phone providers. This means that what you text can come back to haunt you during a lawsuit or an employment hearing.

Another problem with SMS security is the ability for hackers and others to send malicious software. It is possible to send worms to SMS users, bringing down networks or compromising cell phones. Indeed, during 2009 a sophisticated SMS worm, YXES, surprised many in the technology world. The nature of SMS messaging means that it is possible for the malicious to act in near-anonymity.

Text message recipients also have to worry about spam. Spammy text messages are increasing as cell phones are seen as advertising devices. You might find your number sold to a marketing company, or you might sign up for SMS alerts from a company only to be spammed by pointless alerts several times a week. This can become annoying, and represent an invasion of privacy in some cases. It is important to be aware of these issues before you use SMS messaging.  Educating yourself on how to avoid SMS marketing scams can also be helpful.

Protecting Cell Phone Users

Just because there is a security threat does not mean you will be in trouble if accept SMS text messages. Many people enjoy using text messaging for a number of purposes. For sensitive information, such as with bank accounts or with health care SMS text marketing messages, there are security options. IT contracts feature Service Level Agreements which can improve SMS security and reliability. There are companies that make use of these agreements, and you can usually trust these to a certain degree.

There are not many regulations in the United States governing SMS security, although there are some rules in other countries. One of the main regulations in the U.S., though, comes from the financial services industry. The Financial Industry Regulatory Authority (FINRA) has introduced SMS security regulations designed to protect those who like to do their banking with the help of text messaging. This regulation makes it clear what types of communication are allowed electronically, including via personal text message and business text message marketing.

No matter the steps taken to improve SMS security, though, there are still likely to be some problems. After all, the unscrupulous are always looking for ways to take advantage of technology. No matter the precautions you take with your cell phone, or the regulations that are enacted in the coming years, there is always a slight risk. However, there are risks with your computer and whenever you use a credit card. So you will have to do your best to be prudent, and to avoid opening messages from unknown senders.

Many businesses allow you to opt in to SMS text message marketing campaigns, which allows customers to receive special discounts, coupon codes, unadvertised specials, and more.  As an SMS text marketing customer you may choose which companies you wish to receive these promotional text messages from.  As a consumer of text message marketing you have the right to also ask the businesses you are willing to accept messages from what kind, or how much, SMS security they provide.  The likelihood of contracting a virus from a business who uses a secured text message marketing service is much lower than receiving one from a random spammer, or even a friend.

Business Mobile Messaging Security

If you are a business using SMS text message marketing to reach your customers it is important for you to provide them with the highest level of security by choosing a SMS text messaging service that provides the highest levels of SMS security.  Ask your provider what kind of SMS security they provide to you and to your potential mobile marketing customers.

Avoiding SMS Marketing Scams

Subscribers can be rooked by marketing scams communicated through SMS (short message service) messages, but businesses can also be tricked by unscrupulous companies offering SMS services. Read this article for more on avoiding SMS marketing scams of all types.

Subscribers and Avoiding SMS Marketing Scams

Since the early days of SMS, a number of scamming techniques have developed. In the early days of SMS, there were many variations between the custom operating systems that the different mobile phone providers operated. The reach of scammers has increased, as a few operating systems have gained dominance, making it easier for devious people because they only have to develop one approach to reach, and possibly trick many, many people. The fact that mobile phone users have few customization options also makes less work for scammers, who can use one “solution” to scam more people. The fact that SMS messaging is always on, and the new varieties of media that can be sent in SMS messages also make an ideal environment for scammers, with the various media allowing new ways to hide worms, Trojan horses, viruses, and other problematic code.  As with email, SMS recipients are well-advised to exercise caution and vigilance.

Some of the techniques used to scam customers through SMS marketing scams include:

• providing a false sender ID, such as the customer service number 611, leading customers to assume the message is a legitimate communication, but for which hitting reply responds to the scammer.

• phisihing SMS messages, often combined with a false sender ID, that encourage customers to click a web link that appears to be from a legitimate business, but will actually collect identifying information and use it to rob the customer of money or to commit identity theft. These may inform customers that they need to update account information, that they have a coupon offer available if they click on a link, or that they have won a contest sponsored by a firm from which the customer has agreed to receive SMS marketing messages and that requires the customer to respond through a link.

The best advice, if consumers want to avoid being taken in by an SMS marketing scam, is to avoid clicking on links in such emails. Instead, contact the business that is purported to have sent the email by phone, using a phone number on one’s credit card or from the phone book, to discuss any such text messages. Apply the same principles of careful use to SMS messages that you would apply to emails, and don’t consider them to be safer or less prone to attack, spam, or scamming.

Businesses and Avoiding SMS Marketing Scams

Businesses themselves are mainly affected by overcharging by their service providers, though employees can also be the target of the types of scams mentioned above. Apparently  in 2008, Verizon planned to charge businesses a toll of three cents on each SMS message, but was discouraged from implementing the plan by consumer outcry and media coverage. Rumors are swirling in fall, 2010 that T-Mobile is planning a similarly configured price hike of a quarter of a cent, but there is no confirmation that this has gone into effect. Nevertheless, it prompts the observation that comparison shopping and careful reading of a plans features are key elements of successful and effective SMS marketing, just as it’s important to compose a compelling message, keep in touch with your customers, etc.

Sources

http://www.h-online.com/security/news/item/Black-Hat-Easier-SMS-scams-742743.html

http://www.mobilemarketer.com/cms/news/messaging/2749.html

T-Mobile Rumored To Be Raising Prices For SMS Messages, Mobile Marketers Beware

http://www.dslreports.com/shownews/TMobile-Planning-New-Service-SMS-Toll-110373

How to Find SMS Deals

SMS text messaging is a booming industry, which has resulted in a proliferation of good deals, and not-so-good deals, for sending SMS text messages. Numerous SMS service providers offer deals to draw in customers and make their SMS text messaging service stand out. Individuals or groups considering using SMS text messages often wonder how to find the best SMS deals. This issue is complicated by the fact that many of the companies offering deals on SMS text messaging are relatively new, so it can be hard to know if an SMS text messaging business will be reliable.

The first thing to do when looking for SMS deals is to decide what it is you are looking for from an SMS text messaging service. Many SMS service providers try to focus on offering deals for a particular niche market, so one company may have the best deal for large businesses sending thousands of SMS text messages each month, while another may be more suited to a small company that wants to send occasional text alerts to its customers. Some questions to answer realistically when looking for SMS deals include:

  • What is your reason or what are your goals for using SMS text messaging?
  • What is your budget for SMS text messaging?
  • How often do you expect to send SMS messages?
  • How many people do you estimate you will be sending messages to at one time?
  • Are you planning on using your SMS text message campaign for the long term or the short term?
  • Will you only be sending messages in one country, or do you need an international service provider?

By determining your needs, goals, and budget, you can avoid falling for deals that might be good for some businesses, but don’t actually serve your particular needs.

It can be helpful when researching SMS service providers to make a table or chart comparing the features and prices offered by various service providers. Make sure you understand all of the pricing structures and fine print of the service providers you are considering. For instance, some companies may have lower per-message costs but charge a monthly fee or require you to sign a contract with a cancellation fee if you want to quit using their services before your contract is up. Also, some service providers charge per message and others sell credits, and one credit may or may not be equivalent to one message. There are other mobile marketing features you may want to consider in addition to pricing:

  • Which wireless companies are compatible with the SMS service provider? Most SMS service providers work with all the major wireless companies, like Verizon and T-Mobile, but if there is a popular local wireless company in your area you would want to make sure it was compatible with your SMS service provider.
  • Is there a set up fee? Can it be waived?
  • Is there a contract or do you pay as you go?
  • What forms of payment does the SMS service provider accept?
  • How good is the customer support? You should always contact the company with questions before signing up to see if their customer service is responsive and helpful. Some service providers also have online tutorials and other helpful information for their customers on their web sites.
  • How easy is the SMS service to use? Most SMS service providers let you test out their platform before you sign up. It is very common for SMS messaging services to be entirely web-based, which is convenient because it does not require you to install anything on your computer and you can access your account from any computer with an Internet connection.
  • Is the SMS service provider a reseller? A short message service reseller buys credits or messages from a large service provider and rebrands and resells them, usually to specific market. This can actually provide customers with a good deal, since the resellers set their own prices and create their own packages. The one thing to be cautious about with resellers is that the quality of their service is entirely dependent on the quality of the company they bought the messages from – reseller generally handle customer service and sales, but not the technical aspects of the SMS text messaging.

The most important question about an SMS service provider may be how reliable it is. This can also be one of the more difficult questions to answer. Sometimes you will be able to find out the reputation of a service provider through word of mouth, but there are a lot of SMS providers out there and some of them are fairly new, so there may not be a lot of information about them. Be wary about trusting glowing online reviews, which may be written by affiliates or others associated with the company. As with many things, if it seems to good to be true, it probably is. Money back guarantees may indicate a company stands by their services, but if the fine print is overly complicated, a guarantee may not help you. Sometimes the only way to find out if an SMS service provider is reliable is to give it a trial run. This is one reason that a provider that does not require a contract has an advantage, because you can try it for a month with low-priority, low-volume test messages at first, and then decide if you want to continue.

It may require some shopping around, but if you know what type of service you need and do some research, you should be able to find an SMS deal that’s right for your company.