Regulatory framework SMS Broadcast

Transmission of commercial sms is legally not allowed without declaration of consent by the mobile phone owner.
According to legal literature judgments dealing with commercial e-mails and faxes can be transfered to commercial sms. Unrequested adresses are not allowed and can lead to a warning including a fee.

The following legal requirements have to be complied:
The recipient has granted a permission or a necessity is obvious. This necessity is in general legally denied. Journalists are excluded from this regulation due to their dependance on news and messages.

How to benefit from advantages of sms service in order to improve your acquisition: Proceed in several steps. Send out a letter, which enables the recipient to give his agreement for receiving sms service.

Please consider the following aspects in order to increase your chances of success:

• The letter gives information on the advantages of sms service. Particularly mentioned can be the excsess value for your customers (e.g. information on special offers).
• Due to missing mobile phone numbers, we recommend to ask for in this letter.
• The customer should have the possibility to give his agreement for reception of commercial sms. The agreement has to be signed by the recipient.
• A contest included increases your rate of return.
• The recipient should have the possibility to withdraw his agreement at any time.

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