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Chris O'Brien November 07, 2015 A 3 minute read

Keeping within the rules with when using SMS & Email Marketing

The use of SMS and email marketing is huge globally. Businesses adore the access this gives them to their customers and it’s a great way to get current information, great deals, and important pieces of news out that customers are not going to want to miss. However, in order to use both SMS and email marketing it is imperative that businesses understand that there are rules. Not following the rules can lead to a rather large fine and every business must comply with these rules, which are laid down in law, to use this type of marketing safely and effectively.

The Law

The law regarding SMS and email marketing is for the protection of the consumer and is designed to protect consumers from receiving harassing or unwanted contact from businesses. It also sets up an easy way for individuals to opt out of receiving more information from the business. As such, the laws are strict and require businesses to have clear consent to contact each customer and disallow certain types of marketing without clear consent. There are few exceptions, and they make sure that the people receiving the texts and email agreed to it.  A business must absolutely have consent for every individual, and these individuals can revoke their consent at any time.  If in doubt we always recommend you review the guidance from the Information Commission on the use of SMS and email marketing.

Not All Marketing is Equal

Some of the rules for this type of marketing is stricter than similar types. Traditional postal direct marketing, as an example, is a lot easier on rules than SMS and email, and it does not require clear consent. On top of that, you have more rules with contacting individuals thank for B2B marketing. Due to how strict this type of marketing can be, businesses should set up a checklist or check out this handy checklist on the Information Commissioner’s website. Going through a checklist will allow a business to determine the legality of their marketing plan. Make sure that you do a thorough check through all consent before moving forward and make sure that the consent given is usable, which is not always possible if through a third party.

The Right People

Building a list for your marketing plan is a good first step, but, like marketing, not all consent is equal. If people consent through a third party, you might not be able to send them texts or email. This goes back to the clear consent. Individuals must give consent specifically for this type of marketing, not through a third party.  If in doubt, and if your list isn’t too big, reach out to people on a one-to-one basis to make sure they’re happy to be on your list.

Getting Out

Individuals must have the ability to opt out at any time. The ability to unsubscribe from your texts or emails is an important part of this type of marketing campaign and consumers must always have the option to stop receiving anything from you at any time.

We Can Help

We help business, charities, and local authorities get their message out via email and SMS – find out how we can help you connect with your customers using cost effective SMS and email marketing solutions.