By now, most marketers are well aware of how to treat email marketing due to the CAN-SPAM act. However not any make the connection when it comes to mass text messaging as part of an SMS campaign. Unfortunately for these people, they are violating the law.

SMS advertising is relatively new but it is expected that the number of SMS campaigns will grow by 45% this year alone. And since SMS advertising is so promising, it is essential that marketers learn how to use it the right way.

Telephone Consumer Protection Act 
In 1991, the TCPA was passed to protect consumers from unwanted marketing calls. Essentially, the act prohibits any call that:

  • Is made without prior express consent
  • Is made using an auto dialing system
  • Is made to a number assigned to a mobile service
  • The consensus of authorities agree that a text message is considered a call according to the TCPA.
  • So with these restrictions, how is SMS advertising going to grow? The same way email marketing has sustained growth even in the day and age of SPAM – through consumer consent.

When deciding to launch an SMS campaign, the marketer must:

  • Carefully tailor opt-in language and make sure that the consumer can understand what he or she is opting in to.
  • Obtain indemnification against liability for lack of expressed consent if using lists from a third party.