What are the SMS Marketing laws?

As of 11th December 2003 the Electronic Communications Regulations and subsequent amendments came into effect in the UK which lays down guidelines on how email or SMS marketing can be carried out.

There are several points worth keeping in mind:

• If you have had no commercial dealings with the person you wish to send too you must obtain their permission first.
• You cannot send an SMS message to request permission and any form of consent you seek must be given actively. In other words the person must sign up knowing they will receive SMS messages.
• You may send an SMS message to someone with whom you have had commercial dealings assuming the messages you send are related or similar to your past interactions.
• People must be able to easily unsubscribe from your phone number list.
• Failing to follow these guidelines may result in a fine of up to £5,000 in a magistrates Court but as of 2009 the ICO was given the ability to issue fines of up to £500,000 if the breaches are deemed excessive or serious enough.

If you have any further questions, please contact our Customer Care team on 08451 221 302.