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sms legal compliance
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sms legal compliance

SMS LEGAL COMPLIANCE

SMS marketing is governed by the same legislation as email, primarily the Data Protection Act and The Privacy and Electronic Communication Regulations 2003.

Legal compliance summary

There are only two situations where you can send marketing messages:

  • Your recipients explicitly opt-in to receive messages from you, e.g. by texting in, or ticking a box on a form
  • You are sending to existing customers who have or had a similar product or service from you, AND when you collected their mobile you have told them it may be used for marketing purposes.

Your message must contain contact details, or the sender must be a valid telephone number so the recipient knows who it has come from, and can contact you.
There should be no room for doubt on who the message has come from.

You must always tell the recipients how they can opt-out from your list in every message you send.

More detail

Opt-In:

Every customer is given a keyword on our shared long number, this allows people to text in to be added to your marketing list. We will reply with a thank you message of your choice, and the customers mobile will appear in your contact group named after your keyword.
Customers can have multiple keywords built on request, please contact us to discuss this.

Opt-Outs:

You can simply add "TXT STOP to 07786207990" to the end of each message, our system handles the replies automatically.
If you have used the sender to identify who you are, this leaves 137 characters for your marketing if you want to use just one SMS.

Fortunately we also offer multipart messaging, so you can send messages up to 608 characters which gives you plenty of room for an opt-out message.

Disclaimer

Diva Telecom Ltd has provided this information as guidance for its customers. It does NOT replace proper legal advice and we take no responsibility for the consequences of following guidance shown on this page.

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