Permission based marketing has a few key principles:
- Requirement for consumers to Opt-In prior to first contact
- Ability for consumers to Opt-Out
- Ability to identify the originator
Unfortunately – Bluetooth marketing doesn’t offer support for any of these… so far.
Bluetooth alerts are sent to any consumers who have their mobile phone configured for Bluetooth and set in “discoverable” mode. Fred Durman argues that if a consumer has their phone set to be visible to the world at large then it would include an invitation to be contacted by marketers as well as other regular consumers. In my opinion that is a tough argument to make.
The exception to Opt-In is an express or implied business relationship. Glyn Morgan, partner at law firm Taylor Wessing, believes that there may be a way to comply with this portion of the requirement by only operating blue tooth marketing services within a closed environment. A good example would be inside a movie theatre lobby, where it may be permissible to send blue tooth alerts to consumers advertising movie trailers, concession offers or other content directly related to the environment.
But how does a consumer express an opt-out? With SMS marketing you can reply to the message with the word “STOP” or “STOP ALL”. Not so with Bluetooth marketing. There is no way to tell the advertiser that you wish to opt-out from further marketing communications. One option might be to place an opt-out kiosk in a special place in the lobby and direct consumers wishing to Opt-Out to go to that kiosk and thus register their unique device as opt-out.
Identify the originator: Ok – so this is one that can be done as part of the content. If it’s a video clip it can include an originator with contact details. But what about a single track download. Do you really want to listen to the single from Cold Play and have the end of the track be an advertiser’s corporate details?
The industry view.
The advertising industry has a number of associations each having their own unique view on the topic of Bluetooth marketing. The IPA (Institute of Practitioners of Advertising: http://www.ipa.co.uk) had indicated that bluecasting is allowable. However, after having a more detailed conversation with Chris Hackford at the IPA they are re-evaluating that position. “If there is no way to distinguish marketing content from other person to person Bluetooth content then this may not be permissible.” The MMA ( Mobile Marketing Association http://www.mmaglobal.co.uk ) is still evaluating the practice but currently encouraging members to use caution until a more formal position can be decided and a solid course charted through this issue. The DMA ( Direct Marketing Association http://www.dma.org.uk ) and their Mobile Marketing Strategy Group have Bluetooth Marketing on the radar as an item to be discussed and reviewed. So – in short – the jury is still out.
Ok – so how can Bluetooth marketing work?
There is a very specific way in which blue tooth marketing can be fully compliant with opt-in legislation and that is to ask consumers to make the first connection as part of the poster. “Want this Cold Play single? Pair with COLD-PLAY on your Bluetooth phone.”
Pairing is a specific set of steps to link your mobile phone with another Bluetooth device. In order to get your Bluetooth headset to work you have to “pair” with it. In order to connect your mobile phone to your laptop’s Bluetooth port for synchronization you have to “pair” with it – and yes – in order to flirt with anonymous strangers on the train (“toothing”) you have to pair with their mobile phone before you can exchange clandestine love notes.
When I’ve discussed this with various blue tooth marketing companies they have all resisted the idea as something that is too much effort for the consumer to do fearing that it would severely impact the effectiveness of the marketing. And to some degree I think they are right. But let’s look at the alternative. If brands SPAM consumers via Bluetooth and legislation comes along to indicate that it’s all illegal – then where will the Bluetooth marketing industry be?
One more time – from the top – with “feeling” this time.
If the first contact with the consumer is not requested – it’s SPAM according to the regulation.
First contact means making the phone in my pocket buzz, beep, ring, vibrate, display a message, display an image or otherwise activate without my permission – that’s contact.
The justifications:
- But if it’s cool content no one will mind.
- If they have their Bluetooth turned on they are asking for it.
- If we do it right it’s so hard that no one will do it.
- If they don’t want it they can just ignore it.
- If they don’t download the content then it means they want to Opt-Out.
These are all in the “nice try” category – but sorry. They don’t cut it.
Bluetooth marketing the way it is being done now is not in compliance with the spirit of current anti-SPAM legislation and industry code of practice and very soon it will be decided if it is compliant with the letter of the legislation covering mobile SPAM.
Whining: “But it’s hard…”
I’m the first to admit that marketing directly to consumers is getting harder and harder all the time. Consumers are rapidly taking control of their environment and their privacy and their personal space. There are telephone preference services, mail preference services, anti-SPAM legislation for e-mail and mobile and more. And why? Because marketers have gotten progressively more and more aggressive until the consumer has finally backlashed against the onslaught of marketing. Consumers have found a unified voice and the consumers are saying, “ENOUGH!”
It is time for a new paradigm. It is time for marketers to stop pushing and start listening to consumers and customers alike.
Until next week,
Sr. Consultant - Mobile Marketing
Pocket Reach Solutions, LLC
