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Thursday, November 03, 2005

Is an SMS a "call"?

Will more courts frown on SMS ads? | Perspectives | CNET News.com

This is a great piece outlining a problem that could be solved very simply if I don't miss my guess - and it could be solved in one of two very simple ways:

1) This could be solved by closing down the e-mail to SMS gateways that were used when Acacia Mortgage sent the messages
2) The e-mail addresses could be scrubbed to eliminate those addresses that are translated directly to SMS messages for delivery onto a consumers mobile device.

Now - as it happens - the cellular carriers are not inclined to shut down these E-mail to SMS gateway and are instead spending thousands on anti-SPAM solutions to try and stop messages just like the ones behind this.

What's really aggravating about this is that people are getting tripped up in the language without looking at the true intent and the spirit of what was happening... the guy was getting E-mail SPAM'd and the cellular carrier allowed it to be delivered to the mobile.

What else is missing?

Considering that this e-mail allegedly occurred in 2002 it was not subject to the CAN-SPAM act of 2003 that tells marketers how they "can SPAM" consumers so long as they give full contact details and a working opt-out mechanism. Where is any discussion of these elements in this case? What effect, if any, will CAN-SPAM have on the interpretation of this case going forward?

One of the main points behind the TCPA is that a consumer is charged to receive an incoming call. Considering that many carriers charge consumers to receive an inbound SMS text message - then I guess the spirit of TCPA applies - at least on this point.

I'll take this opportunity to suggest that the US change to the standard adopted by the rest of the world which is one of "calling party pays".

And what if an SMS is considered a call and subject to the TPCA?

Well - in that case - it wouldn't matter if the message originated from an e-mail to SMS gateway- or if it was sent via an aggregator - the origin would be from an "automated dialer" and that would effectively end SMS marketing. But considering the power of the marketing lobby (as evidenced by the last minute GUTTING of the CAN-SPAM act) I'm sure that they'll think of something...

posted by Troy Norcross at 7:08 PM  

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A few words about why we're here

Since consumers first started to use SMS marketers have had the idea of text message marekting or marketing sms - also known as mobile marketing. And since that time marketing sms messages have grown and changed and new technology like bluetooth marketing, marketing bluetooth style to phones in close proximity to an advertisers.

And since the e-mail spam scourge took over the media, people have worried that there will be mobile phone spam. Spam is just another way of saying that advertisers send unsolicited text message marketing, marketing sms, bluetooth marketing or any other form of mobile marketing - it's mobile phone spam. There are even guides on how to spam phone s.

Consumer Preference is about permission based marketing, permission marketing solution. If, as an advertiser you can execute permission based marketing campaigns then you can certainly find ways to benefit from mobile marketing. And permission starts with understanding the consumer marketing preference. If you can understand consumer marketing preference, then you can execute permission based marketing. And permission marketing is not mobile phone spam.

There are many mobile marketing company listings that can be found on the Internet - and most mobile marketing company websites will tell you how they focus on permission marketing. Make sure that the one you partner with does more than tell you about it on the website. Opt-in marketing starts with your traditional marketing soliciting for permission.

Yes - Mobile marketing starts with traditional marketing - print, web, radio, television - all of the old standards. Because before you can send the first message to a consumer, you must obtain their permission... and that means that you understand consumer marketing prefernce.

Please enjoy reading consumer-preference.com - and if you feel that there is a point I'm making you'd like to share - then put a link to it from your own site. And always feel free to leave comments!

Troy Norcross

 

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