The volume of SMS traffic continues to grow. Given the rise of this new medium, lawmakers found it necessary to ensure its responsible use. They have therefore ruled clearly and transparently to prevent abuse. All Octopush internet solutions comply with this regulatory framework.

SMS campaigns: what are you allowed to do?

SMS has become a powerful communication tool. In France, 48 billion text messages were sent during the second quarter of 2013. Each user sends an average of 246 per month. It is therefore no surprise that many companies are increasingly choosing to use SMS for their campaigns.

1) Customer consent is required to receive text messages.

Since July 21, 2004, the law has established the "opt-in" rule. It requires the prior consent of the mobile phone owner before their number can be used by an advertiser. Simply put, you cannot send a marketingamessageunless they have given their prior consent. However, there are two exceptions to this principle:

• The text message recipient is already a customer of your company, and the solicitation concerns products similar to those already provided by your company.
• The solicitation is non-commercial in nature, such as a charitable campaign.

2) The text message recipient must be notified when their phone number is collected.

The recipient must be informed that they will receive marketing text messages on their mobile phone. They must also be notified that they can opt out easily and free of charge.

3) Advertiser identification is mandatory.

Every message must include specific information. This is mandatory within France.

This includes the identity of the advertiser, the brand, and the product. It also includes the purpose of the communication and the sender's identity. Being easily identifiable allows the operator to identify the message sender. Finally, a simple way to opt out of solicitations must be included, the well-known "STOP" option.

The CNIL recommends that prior consent or the option to opt out be handled via a checkbox.

4) Your customers have the option to unsubscribe

Mobile users can opt out of receiving promotional text messages. They must be explicitly offered this option via a message from the advertiser including a "STOP" instruction. A confirmation message regarding their removal must be sent immediately. Sending the code "START" or "REABO" allows them to resubscribe at any time if they wish.

5) Sending times are regulated.

To prevent abuse and nuisance, sending times are restricted. For most carriers, mobile SMS is prohibited between 8:00 PM and 8:00 AM on weekdays. Sending is also prohibited all day on Sundays and public holidays. Any violation of this rule is subject to a fine of €1,000 excluding tax per infraction. Please note: Not all providers follow this rule regarding message timing, but Octopush does!

6) You must comply with data collection regulations.

Companies sending text messages are required to follow ethical standards when collecting data. This must be done in compliance with the Data Protection Act of 1978, as amended on August 7, 2004.

Information must only be collected for a specific purpose. It must be accurate and updated regularly. It is subject to the principle of temporality regarding the retention period of personal information.

This principle governs how long information is held. Data must not be kept longer than necessary for the purposes for which it was collected and processed.

An overview of global legislation

SMS covers over 600 networks in 190 countries. The credit cost of a professional SMS varies depending on the destination.

European regulations prohibit any unsolicited electronic mail sent by a party with whom the prospect has never had a business relationship. Campaigns must originate from providers established within European territory and be clearly and unequivocally identified upon receipt by the recipient.

In the United States, as of October 16, 2013, if you send text messages as part of an "established business relationship," you must obtain written consent from your recipients or use pre-recorded voice calls. Any violation of this rule is subject to a fine ranging from $500 to $1,500 per text message.

Examples of services that may exist in some countries but not others

Eco SMS can only be sent within Metropolitan France. Its low price means that the associated features are more limited compared to a premium service.

Depending on the destination, personalized sender IDs may be blocked by certain carriers. In such cases, you must revert to specific numbers forbulk SMS sending.

SMS with Octopush

• The history of marketing will help you better understand current issues regarding text messaging.
• Depending on your budget, choose between low-cost SMS or the advanced features of premium text messaging.
• The list of solutions to expect is detailed throughout the pages of this site. Feel free to browse to learn everything about SMS marketing.
• A successful SMS internet service relies on the perfect blend of campaign preparation, partner efficiency, and management tools.