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    SMS Legal Compliance Information

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    Legal Compliance

    An easy guide to help you to get the most from your SMS campaigns, and still stay within the legal framework…

    What are your legal obligations?

    Collecting customer data for your contact list is key. When building your contacts database, you have to ensure that you follow the regulations by the Data Protection Act 1998 and The Privacy & Electronic Communications Regulations 2003. However you choose to compile your database, legal compliance is paramount.

    The Information Commissioner's Office (ICO) has determined that an organisation cannot send a text message if the recipient has not agreed to it, unless:

    • - the sender has obtained your details via a sale, or negotiations for a sale
    • - the messages relate to similar goods or services offered by the sender
    • - you were provided an opportunity to refuse receiving the texts when your details were collected and, if you did not refuse, you have been given a simple way to opt out in all the subsequent text messages you have received

    For more information on compliance, please visit the ICO site.

    If you are sending texts to existing customers, then follow the above rules. If you are sending texts to prospective customers, then you require them to have opted in to receive them first.

    Voodoo SMS helps you to become and remain compliant

    Our portal provides you the opportunity to include a simple opt-out message in every SMS broadcast. All numbers that request opt-out are immediately added to your account blacklist.

    In addition, we ensure you remain compliant. Our system is designed to ensure that you are unable to send opted-out customers a message any time in the future – even when those numbers are then included in subsequent contact lists.

    Our system also has the facility for you to manually add numbers to your blacklist, if, for example, a customer phones up to ask to be removed from all future campaigns.

    How to broadcast responsibly, and improve campaign response…

    An additional benefit of responsible and legally compliant campaigns is that it can actually improve your customer response and conversion rate. To get the most out of your campaign, take a look at our 10 Best Practice Tips.

    In summary, consider the following:

    • - Message rate: Texting too frequently to the same customers may raise the surge of opt-outs. Be careful how often you message your contact list. Don’t be too intrusive.
    • - Data sources: Even though you can rent opted-in data, it is not recommended as the recipient may consider your message as spam.
    • - Transparency: Your messages should very clearly state your identity and how one may opt-out. This will clearly differentiate your message from spam messages that the recipient may receive from other senders.

    Please click the link below to download PDF File

    Legal Compliance Documentation