Online scams and illegal phishing practices are unfortunately becoming increasingly common.

In 2023, the 33700 platform, dedicated to combating spam SMS and unwanted calls, recorded over 3.4 million reports—a 50% increase compared to the 2.2 million in 2022. Source: Cyber Malveillance

A spam SMS is an unsolicited message received or sent, which is therefore considered unwanted. Sometimes these are just junk messages, but other times they are scams that pose a real threat to user security.

These malicious senders take advantage of a lack of caution or knowledge to, for example, spread malware to mobile phones.

You likely receive junk mail in your inbox quite frequently: sometimes these are hacking attempts, and other times they are simply emails that fail to reach their destination. They end up in the spam folder, even though they are not fraudulent at all.

Well, it’s the same with SMS. Of course,sending abusive SMS is an illegal practice, strictly punished by law.

Unfortunately, companies that regularly send mass SMS or emails can be perceived as spammers, even when they are not! And naturally, being labeled a spammer damages your reputation.

How can you prevent this from happening? How can you regularly send notifications to your customers without appearing like a dishonest or disrespectful company? And how can you protect yourself when you are a victim of malicious online activity?

Let’s look at the best practices to avoid the unintentional sending of fraudulent SMS and provide responsible and ethical communication.

1. Definition of SMS spam

First, let’s clearly define what SMS spam is. These are text messages that end up in your junk folder because, in principle, they are unsolicited.

The vast majority are attempts at SMS phishing, or "smishing." Cybercriminals use various techniques to hack your phone, steal your personal data, and scam you.

Smishing is characterized by the sending of fraudulent messages in which scammers ask you to:

• Click on links that lead to malicious websites;
• Enter personal information online;
• Call a fake phone number.

The internet can be a dangerous place for the unwary. It is best to stay cautious and take precautions.

Here are a few examples of fraudulent text messages, among the most common:

• Prizes and gifts: you are told you will receive a discount or a gift by clicking on a specific link. Obviously, either the link is compromised, or you are pressured into providing sensitive information.
• Overcharging: you are told you are due a refund from an organization. In exchange, you must provide your bank details.
• Messages claiming to be from a government agency, a bank, or your mobile carrier that urge you to click.
• Fake account deletion or deactivation: you are prompted to follow a series of steps to recover it.
• Suspicious activity: you are led to believe your account is about to be hacked and are invited to take steps to prevent it.
• Package delivery notifications
• False promises

In general, cybercriminals send these spam texts from a computer via an email address or messaging account. They send them in bulk to numbers that are most often chosen at random.

"Pirates" will do anything to create a sense of urgency to trick their victims into reading the text message and taking the requested action.

According to a study conducted by Ipsos for Cybermalveillance.gouv.fr, 61% of French people fall for online scams, despite awareness campaigns.

The risks to the victim are severe:

• Identity theft
• Theft of funds from bank accounts
• Theft of sensitive information: passwords, credit card numbers, banking details, etc.

2. Impact on businesses

Combating this type of fraud is governed by law. At the European level, the GDPR regulates and protects citizens' data. In the United States and Canada, the reference texts are the CAN-SPAM Act and CASL.

In France, it is the role of the National Commission on Informatics and Liberty (CNIL) to sanction public or private organizations in the event of failure to meet their legal obligations. The CNIL supports companies in their compliance efforts and helps individuals manage their personal information.

Just like email marketing campaigns, sending SMS campaigns is a marketing practice regulated by law. As such, it must comply with a number of regulations. It goes without saying that no company can do whatever it wants.

Among the most important laws is the GDPR. The GDPR stands for General Data Protection Regulation. This regulation stipulates, for example, that it is mandatory to obtain consent before sending an email or text message.

Therefore, your customers or prospects must provide their consent before receiving any text messages from you. They cannot be contacted by a company that has not obtained their consent.

There are also more flexible laws that do not require prior agreement from the recipient, but do mandate the implementation of opt-out solutions. An unsubscribe link must be clearly included in the text message.

This is the absolute baseline of anti-spam legislation.

Phishing is punishable by law. Failure to comply with the rules set out by the CNIL can result in fines of tens of thousands of euros for spammers.

In addition to this, sending unsolicited and non-compliant text messages exposes you to:

• Distrust from customers and prospects
• A poor reputation and a damaged image
• Loss of customers

3. Best practices to avoid ending up in the spam folder

To avoid being considered a spammer, you must follow a number of rules and best practices. Here they are.

Obtain explicit consent

As mentioned above, it is essential to request prior agreement from users before sending them text messages. If you have not obtained their explicit consent or if they have not provided their phone number, you cannot send them messages on their phone under any circumstances. This is known as opt-in.

However, there are two exceptions:

• The recipient of the message is already a customer of your company, so you have the right to send them messages even if they have not given their consent to receive them;
• The message is non-commercial in nature

In these two cases, recipients must have been informed that their contact details were collected for prospecting purposes and that they have the right to object.

Segment and send relevant messages

Don't want to end up being blocked by your recipients?

Then it is in your best interest to send them messages that meet their needs, and align with their interests and shopping habits.

Who likes receiving information that doesn't interest them?

Nobody!

So, try to segment your audience as much as possible and create relevant messages for each group. We also recommend creating warm, human-sounding copy, and making it feel like you are addressing each person individually. This will create a unique customer experience and strengthen their trust in your company.

Don't forget to clearly state who you are by simply including your company name. Your contacts should never have any doubt about the sender's identity. Finally, avoid writing your name in all caps and using too many capital letters in the body of the message, or you risk being flagged as a potential spammer.

Respect timing and send frequency

Avoid flooding your contacts with SMS. You risk ending up directly in their spam folder or being blocked by your contacts.

The same goes for timing. Sending messages on Sundays and public holidays is strictly prohibited. On weekdays, you may only contact your customers or prospects between 8:00 AM and 8:00 PM. On Saturdays, only between 8:00 AM and 12:00 PM.

Include an unsubscribe option

Your recipients must be able to unsubscribe every time they receive an SMS from you. To do this, include "STOP 36XXX" at the end of your text.

Encourage your contacts to move your messages out of their junk folder

Has a customer told you they didn't receive the offer they were expecting from you?

Suggest that they check their junk folder and move your message out of it. Future SMS will no longer go to their spam, and you will be recognized as a trusted sender.

4. Techniques for filtering incoming spam

As a business or independent professional, you too can fall victim to a scam.

To strengthen your security, there are various technological solutions available.

You can:

• Choose to block suspicious senders;
• Use spam filters on your mobile device;
• Use an anti-spam app (there are many free apps available on Android);
• Report these numbers to your mobile carrier;
• Report a suspicious phone number and file a complaint with the appropriate law enforcement agency.

In the United States, the FTC (Federal Trade Commission) tracks spam texts and online scams through the National Do Not Call Registry.

Filter and block unwanted text messages on iPhone

Do you have an iPhone? To start securing your device, you can block these suspicious numbers directly from your phone.

Here is how to do it:

1. Go to Settings on your iPhone and select Messages.
2. Under the Message Filtering section, toggle on Filter Unknown SendersNow, any message received from an unknown number in iMessage or Messages will be filtered into a separate folder.

Report spam SMS to your mobile carrier

Mobile carriers are becoming increasingly effective at identifying and blocking suspicious numbers. So, don't hesitate to report these malicious senders directly to your mobile carrier. This helps protect you and prevents the spread of these types of scams.

You can also add your mobile number to "do not call" or "do not text" registries to stop receiving fraudulent calls or messages.

Keep in mind that spammers sometimes use different numbers, making manual blocking more difficult. In some cases, reporting them proves to be a more effective solution.

As you can see, phishing is illegal and strictly punished by law. Although France is not the world's leading source of spam, it still ranks among the top six countries, accounting for 3.6% of spam sent in 2021. Statista

We strongly encourage you to adopt compliant and respectful marketing practices to ensure the success of your campaigns and build trust with your customers and prospects.

Are you looking for a reliable solution that guarantees compliance with anti-spam laws?

With our bulk SMS platform, there is no risk of your messages ending up in the junk folder. This is a major plus for your credibility, your reputation, and your sales.

Try Octopush

Some spam statistics

1. Financial impact of SMS scams : In the United States, SMS scams cost victims approximately $330 million per year. While specific data for France is not available, this highlights the potential financial impact of these scams.
2. Prevalence of smishing attacks : In 2022, 75% of organizations were victims of smishing, indicating a notable increase in mobile phishing attacks.
3. Consumers receiving fraudulent SMS : According to a study conducted by Ipsos for Cybermalveillance.gouv.fr, 61% of French people still fall for online scams, despite awareness campaigns.