SMS marketing is a powerful tool currently used by more and more companies. Thanks to its high open rate, immediate deliverability, and strong ROI, the popularity of this tool has skyrocketed. However, for those interested, it is important to note that SMS marketing must comply with certain regulations. You should therefore inform yourself about this subject first.

Curious about the many compliance rules for SMS marketing? Discover them right now in this article by Octopush.

Recipient consent

First and foremost, it is important to note that under the opt-in principle, which has been part of legislation since 2014, it is strictly forbidden to send SMS messages to people who have not given their consent. If you decide to send SMS communications, you must ensure that you are sending your text messages to opt-in contacts.

Of course, if the SMS recipient is already a customer of your company, this consent is automatically obtained. If you do not yet have your own contact list, we strongly recommend renting an opt-in database from a trusted provider like Octopush to build your opt-in contact base.

The STOP option

In accordance with the opt-in principle and CNIL guidelines, when you launch SMS marketing campaigns, you must also include a STOP option in your messages.

The STOP option is a feature that allows your recipients to unsubscribe from your SMS communication database. In other words, if your recipient does not wish to receive your marketing SMS, they can choose to text STOP to xxxxx.

If a recipient unsubscribes via the STOP option and you continue to send them marketing SMS, they can file a complaint. The consequences are severe, as this type of behavior is punishable by a fine of up to 20,000 euros. To ensure you comply with this rule, we recommend choosing an SMS service provider like Octopush, which manages the STOP option automatically.

Compliance with SMS sending hours

According to the GDPR, it is strictly forbidden to send marketing SMS from Monday to Saturday between 8:00 PM and 8:00 AM, as well as on Sundays and public holidays. Note that you cannot launch SMS marketing campaigns at any time you choose. Failure to comply with this law, which protects consumers, can lead to heavy penalties.

Character limit for marketing SMS

Unlike personal SMS, marketing SMS must not exceed 160 characters. You must therefore learn to be concise yet clear in your SMS communications, while ensuring you provide all the necessary information.

Sender identity

In general, the sender of a marketing SMS must be identifiable. The recipients of your SMS must be able to recognize your brand, company, or the products and services offered. Your audience must also be able to identify the purpose of your SMS marketing campaign (new product launch, sale, promotion, exclusive offer, etc.).