In one of the cases, the debt collection agency Select Resources Group was sending debt collection-related communications. These were apparently robocalls. However in this particular case the plaintiff’s cellular phone provider was billing the plaintiff for these ‘robocall-style communications’.

Coca-Cola was using text messages when they were hit with a class action law suit. The suit mentions that even though some plaintiffs replied STOP to the text messages they continued to receive unwanted texts. Here is the specific language from the law suit:   “The SMS messages included material to promote the sale of Coke products, such as an advertisement for Coke Zero, which plaintiff Robbins received. Robbins replied using the word “STOP”, but continued receiving text messages.”

That is a BIG no-no! Once a STOP message is sent to any short code then the owner of the code must a) immediately remove that cell number from receiving any further texts and b) are allowed to send one final message in response to the STOP request informing the end user that they have in fact been removed from future messaging.

I’m not quite sure who else uses fax messaging anymore but apparently Burger King does and they got into some hot water for doing so; I guess they cannot ‘have it their way’ after all…

Be they texts, faxes or automated phone calls there are but a few simple things to remember about messaging to your audience:

1. Make sure you have their written consent to do so.
2. If they ask you to stop messaging them then make it a high priority to honor that request.
3. Be aware that your marketing messages can potentially result in charges to your end users.

The post Taking a Look Back at Some Past TCPA-Related Lawsuits appeared first on Mobile Marketing Watch.

My intention for this article was to cover the other two TCPA approved method for collecting SMS numbers but I decided to just cover one right now and give a couple of examples: Send an MO message containing an advertised keyword.

Advertising a keyword is fairly simple and can be done in a variety of ways but however you choose to do it please remember that there are strict guidelines set forth by the carriers that you should follow. I covered these in my last article but here they are again:

• Program Description ( Alerts, News, Special offers etc etc)
• Messaging Frequency ( 5/messages a week, 2 messages a month)
• Messaging costs (Msg & Data rates may apply)
• Display a link to ‘comprehensive’ SMS T&Cs or Privacy Policy
• If the Program is recurring then STOP instructions are required
• Help instructions

If you are advertising a keyword and short code on the web, on printed collateral, the side of a bus or anywhere at all, all of these items are required and can be summarized very succinctly into a few lines of text that look like this:

• TicketDepot Alerts: Ticket Deals, and Show Info. 2 msg/mo. Msg & Data Rates may apply. Text HELP for Help or text STOP to end messages. Terms & Conditions. View our Privacy Policy.

These are essentially the same guidelines you need to follow when using a web form to capture cell numbers for marketing. Keep in mind that Carriers do not always require the ‘double opt in’ method but we here at mobileStorm highly recommend it for a variety of reasons.

Sending a MO (Mobile Originated) message containing an advertised keyword is really quite simple to set up and is very effective as well. This method speaks to the ‘instant gratification’ factor of text messaging: you see an advertisement, fire off a quick text and receive an immediate reply. This method works exceptionally well if you, the Marketer, include a highly incentivized offer in the initial opt in process like the coupon code example below. You can have a ‘single opt in’ or a ‘double opt in’ process for most sms programs.

An example a single opt in message flow, with a coupon code looks like this:

MO: Tickets

MT: TicketDepot Alerts: Welcome! 2 msg/mo. Msg & Data Rates may apply. Use code XD45NRA to get 50% your first ticket purchase! Reply HELP for Help, STOP to End.

While this type of message flow is compliant and acceptable, mobileStorm will always recommend obtaining ‘rock solid’ opt in proof for SMS subscribers. What ‘rock solid’ opt in proof entails is asking a potential subscriber to reply ‘YES’ to your initial MT text from their handset before sending them a ‘Confirmation’ text. That message flow, the ‘double opt in’, with a coupon code included, would look like this:

MO: Tickets

MT: TicketDepot Alerts: Ticket Deals, and Show Info. 2 msg/mo. Msg & Data Rates may apply. Reply YES to continue or reply HELP for Help.

MO: YES

MT: TicketDepot Alerts: Welcome! 2 msg/mo. Msg & Data Rates may apply. Use code XD45NRA to get 50% your first ticket purchase! Reply HELP for Help, STOP to End.

In both examples a potential subscriber is sent a great offer (50% off) and is also made aware your text messaging program details; messaging frequency, message cost, what type of content to expect, instructions for Help and instructions on how to opt out. The difference is that the second method adds that extra opt-in proof. The fact that the subscriber received the initial text message, read it, and replied YES if like Compliance Gold for marketers. In this day and age of SMS lawsuits run amok having the most opt in proof for each of your subscribers is becoming increasingly important.

mobileStorm offers a variety of options for these type of text in campaigns: Timed Auto Responders, Date-Triggered Auto Responders, Age Gates (for Gaming and Nightlife clients who require age limits for subscription), Drip SMS campaigns, Inbound Data Builder Campaigns, Coupon Management and several others.

About the Author

Forrest Knighton is Sr. Director of Client Operations for mobileStorm.

The post How to Properly Collect an Opt in SMS Database (Part 2 of a few) appeared first on Mobile Marketing Watch.

First of all there are just a few different ‘carrier approved’ methods in which a marketer can collect an SMS database; Enter a phone number online, Click a button on a mobile webpage, Send an MO message containing an advertised keyword and Sign up at a POS location.

Each of these methods of cell phone collection is acceptable by the carriers and falls under the term ‘express written consent’ which is now a strict requirement according to the newly amended TCPA (Telephone Consumer Protection Act).

For this blog post let’s get into the first two methods listed above; enter a phone number online and Click a button on a mobile webpage. These are basically web form opt-ins; a website that has a registration form and there is a space for entering ones cell number. When using a web form in this manner there are two rules you must follow:

1. You must display the proper ‘carrier required language’ in close proximity to the cell phone submit field (box).
2. You must verify the handset (cell phone) owner’s possession for the actual handset number being submitted in your cell phone number ‘submit’ box.

In a nutshell, items 1 & 2 simply mean that you need to let subscribers know some basic program details and then send a confirmation text to the cell number being submitted to you. Number 1 can be accomplished by adding a couple simple lines of text ‘in close proximity to’ the cell submit field. There are several items that you need to include in this ‘carrier required’ language:

• Program Description ( Alerts, News, Special offers etc.)
• Messaging Frequency ( 5/messages a week, 2 messages a month)
• Messaging costs (Msg & Data rates may apply)
• A link to ‘comprehensive’ SMS T&Cs or Privacy Policy
• If the Program is recurring then STOP instructions are required
• Help instructions

All of these items can be summarized very succinctly into a few lines of text that look like this:

• mobileStorm Weather Alerts: News and Forecasts for local weather. Msg&Data rates may apply. 4 msg/mo. Text HELP for Help or text STOP to end messages. Terms & Conditions. View our Privacy Policy.

As far as Item number 2 is concerned, “Verifying handset owner possession” this is simply a matter of sending handset an immediate confirmation text message as soon as a cell number is submitted on your web form. This confirmation message needs to contain all the above bullet points listed for the web form registration and must have a ‘Reply Yes to confirm your subscription’ call to action.

Sounds like a lot of work? Well, the good news is that mobileStorm can do both of these things for you automatically. Our web forms can be easily enabled to send a confirmation message and we have customized boilerplate language on our web forms that include all the necessary carrier required language. This article is just the first in a multi-part series on how to acquire, message to, advertise for and maintain a healthy, opt–in SMS Database. Stay tuned for more!

The post How to Properly Collect an Opt In SMS Database (Part 1 of 2) appeared first on Mobile Marketing Watch.

Cashier: “…and may I please have your email address for your receipt?”

Customer: “ Why do you need my email address?”

Cashier: “ It’s for your receipt”

Customer: “ Oh, ok. It’s blahblah@whatever.com”

Cashier: “ Thank you”

The cashier then issued her a Williams Sonoma Gift Card with a credit amount on it. Initially I thought that because this customer was returning an item then maybe an email address was somehow required for some sort of verification. I thought to myself “if this is the method that Williams Sonoma uses to collect email addresses for their newsletters and e-marketing efforts then surely they would disclose that the email address would be sent some promotions, right?”I mean, why would a brand like William Sonoma collect email addresses under false pretenses?

My suspicions remained in place when the same process happened again for the next person in front of me, also there for a return. The conversation was slightly different this time around; apparently this customer had been through this before:

Cashier: “…and may I please have your email address for your receipt?”

Customer: “You’re not going to email me stuff again, are you?

Cashier: “ We just need your email address for your receipt”

Customer: “ Oh, ok. It’s…wait, you know what I don’t need a receipt, I have this (customer holds up the newly issued Williams Sonoma Gift Card) “

Cashier: “ Oh, ok”

The cashier then proceeded to print out her receipt regardless.

So, it was now apparent that an email address was not truly needed in order to generate a receipt and it seemed that collecting the email address at the register was in fact a ploy to add a customer to some sort of mailing list (according to the comments from the customer ahead of me in line). Now it was my turn at the register to pay for the items I wanted to purchase. After my items were scanned and I swiped my credit card for payment the conversation went like this:

Cashier: “…And can I please have your email address?”

Me: “ No thank you“

Cashier: “ Oh, ok”

Short and sweet. I received a receipt and walked out of the store. Thinking about this process left me a bit concerned about Williams Sonoma and other retailers that collect email addresses the same way. Data collection practices like this seem a bit shady. For starters the cashier made it seem as if an email address was required in order to get a receipt which was not the case.

Secondly it seemed apparent that your email address would in fact be added to a mailing database if you chose to give it to the cashier; the customer in front of me confirmed this via their comments.

In this day and age of Email and SMS marketing prevalence most technology-savvy consumers are aware that relinquishing their personal contact information will likely result in a brand sending you marketing materiel. Since this is the case then why not just be honest and up front about it?

Moral of the story: You’re only hurting your brand by collecting contact information under the false pretenses. If a consumer likes your stuff then let them sign up to receive it on their own accord, don’t try to pull the wool over their eyes. If you ambush them with newsletters and texts you run the risk of making an enemy out of your customers and betraying their trust; or risk getting sued if you collect and then message to cell number the wrong way.

The post Williams Sonoma Email Address Collection: Just be Honest and Let Us Know! appeared first on Mobile Marketing Watch.