Welcome to SPAM To Go

SPAM To Go is all about SPAM that could be received on your mobile phone (or your PDA or any other mobile device) and what you can do:

• as a marketer to avoid being tarred with the brand damaging brush of the SPAM label
• as a consumer to avoid being SPAM'd
• as a business to avoid falling afoul of the law by being informed

First up is the big question:

Is Mobile SPAM a Problem? (or so far just a threat?)

That's a great question. Today most people would say that it's not much of a problem. People rarely if ever receive unwanted text messages or picture messages on their mobile phones. But there are exceptions.

Have you ever downloaded a ringtone or maybe a game? Did you really read all the fine print on the Terms and Conditions? Did you unknowingly Opt-In to having your mobile number sold, rented, loaned and prostituted - all by simply downloading a simple ring tone? By the way - in most cases - the answers are: No. You didn't read all the fine print. -- And Yes. You gave permission to someone else to make money by selling your mobile phone number to another marketing company.

SPAM or FRAUD?

Another trend that made a splash in the UK during much of 2004 was the SMS to 0900 scam. In this case people received alluring text messages like, "I so want to talk to you! Call me now! Dina" - and then an 0900 Premium rate phone number was listed. Of course Dina wasn't on the other end - only some silly recording that you listened to while being charged several £s / minute.

Most of these scams were shutdown by OFCOM or ICSTIS - UK regulatory agencies that control the 0900 numbers where the money was made. It was simple: Shut down the 0900 numbers so there isn't any money - and the SMS messages stopped.

Mobile SPAM and the Law

Now - this is a sticky issue for sure. With the tremendous hue and cry over e-mail SPAM, both the UK and the EU have tackled SPAM on the mobile phone early on and passed detailed legislation guiding the requirements necessary to communicate with people through their mobile phone. In simple terms - you must have the consumers Opt-In permission and/or an existing business relationship with the consumer in order to communicate with them. AND - you must offer very clear and simple instructions that allow the consumer to express an Opt-Out choice.

The US on the other hand - where big money lobbying organizations have more political clout - have written their CAN-SPAM act. CAN-SPAM - Controlling the Assault of Non-Solicited Pornography and Marketing has an unusual idea of how to define "controlling".

Unlike the UK and EU legislation requiring the Opt-In before the first message - the CAN-SPAM act allows for the first communication to occur without any permission so long as there is an option to Opt-Out and so long as the marketer is clearly identified. In essence the CAN-SPAM act defines how marketers can SPAM consumers. Yes - it's tricky reading - but I'll say it again. The very act intended to protect consumers does the opposite - it defines the guidelines underwhich marketers are allowed to send unsolicited messages to consumers meaning that they - CAN SPAM - are allowed to SPAM consumers. It was a sad day in Mudville when that piece of legislation went through.

The Growing Threats

In the US the FTC expects to register 60 Million home telephone numbers (out of some 166 Million) on the national Do Not Call Registry. Junkbusters.com is a special website existing for the sole purpose of helping people stop the flood of marketing coming to them in all forms, telemarketing, Spam, Junk Mail, Junk Faxes and even Web Ads. As the public becomes increasingly resistant to marketing efforts marketers are desperate for new ways to reach people. And mobile marketing seems to be the latest method.

And although there are a number of perfectly legitimate marketing companies that will use this exciting new way of communicating with existing and future customers - there are also those who will likely abuse the channel we call mobile marketing. Here's where there are likely to be problems:

• List Brokering
• E-mail to SMS Gateways
• Desktop SMS Systems
• Misrepresenting mobile marketing effectiveness

List Brokering is something that is 2nd nature to marketers. If you want to send a flyer to 25,000 18-34 year olds with income from $40k-$75k on the North side of Indianapolis - you just go out and buy a list of those names and send your flyer away. So when someone wants to send an SMS message to this same group they just phone up their local list broker and ask for the same list - but instead of getting street addresses - they get mobile phone numbers.

Now - here's the rub. There is no law prohibiting marketers from sending you a letter in the mail. However, there is legislation regarding sending messages to mobile phones. There is the entire concept of "consumer permission". But frankly either a.) marketers are completely unaware that this is required - or b.) they simply don't care.

List brokers - well it's in their interest to sell as many phone numbers as they can. Most are unconcerned with the number of times they sell a number and they are even less concerned with the quality of the consumers Opt-In permission that they rely on to sell those phone numbers on. This means that many consumers become upset and start calling their mobile phone company to complain - or worse they suffer in silence.

In short - if you want to run a legitimate mobile marketing campaign then it's very important to solicit your customers directly and gather an explicit opt-in permission to market to them. Buying a list of phone numbers may seem like the cheap and easy way to go - but the potential for disaster is high. At a minimum you'll create a negative brand image - and at the worst you'll get fined by mobile phone companies and/or legislative and regulatory bodies for violating anti-SPAM laws. So - DON'T BUY LISTS OF MOBILE PHONE NUMBERS - And don't use mobile marketing companies that sell or rent lists.


Watch this BLOG for more on the other 3 major threats to mobile marketing!


Now it's not ALL bad news...

Ok - so I've painted a grim picture - but it's not all bad news. The truth is that mobile marketing can be an intensely effective way to communicate with your mobile communities. There are 3 really simple guidelines to follow for your mobile marketing campaign to ensure success. Make sure that every message you send:

• is timely - doesn't interrupt or disturb
• is relevant - provides information and content the user wants
• is requested - make sure the user has expressly chosen to Opt-In to your campaign!

Your comments welcome!

Please feel free to share your comments on this BLOG. Whether you're a consumer that's been SPAM'd or a List Broker that thinks I'm making you all out to be villians, let me hear it.

And of course, please check back here for my daily updates as I pull articles from across the globe relating to the latest in mobile marketing, SMS SPAM, MMS SPAM, Legislation, Lawsuits and more.

Best regards,

Troy

Sr. Consultant - Mobile Marketing
Pocket Reach Solutions, LLC