protect yourself from sms spam lawsuit
Post on 23-Jan-2017
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PROTECTY O U R S E L F
SMS MESSAGINGL A W S U I T
F R O MHO
W TO
People are spending more time on their mobile phones from ever before
1.08 billionare smartphones
3.05 billionare sms enabled
whoppingan
d
…and everyone is joining the Mobile Marketing Bandwagon
1.08 billionare smartphones
3.05 billionare sms enabled
whoppingan
d
Advertiser’s Dream Come True
On October 16, 2013
Consumer Must
receive clear and conspicuous disclosure that he/she will receive future text messages and
FCC revised rule passed in 2012 requiring stronger consent to send SMS to a mobile phone and additional disclosures
that his/her consent is not a condition of purchase
What are the penalties for FAILING to comply?
$500 TO $1,500 PER unsolicited message and
potential damage may escalate very quickly
In the headlines…
Google Settles SMS Spam Lawsuit For $6 Million
Papa John’s faces a $250 million class-action lawsuit for blasting customers with illegal text messages
The Coca-Cola Company SMS Spam Class Action Lawsuit
Steve Madden $10 Million class action settlement
Heartland Automotive (a large Jiffy Lube franchisee) settles a spam text message class action for $50 million
Settled for $16.5 million
and more….
HOW TO GET CONSENT TO S E N D S M S M E S S A G E S
1Describe the SMS program CLEARLY
I hereby consent to receive 2SMS BENEFITS text alert messages from or on behalf of 2sms at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
2Provide the name of the SENDER
I hereby consent to receive 2SMS BENEFITS text alert messages from 2SMS LLC or on behalf of 2SMS at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
3Do Not PRE-CHECK the box when using form or website
I hereby consent to receive APPOINTMENT REMINDER text alert messages from ABC COMPANY or on behalf of 2sms at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
X
4Indicate FREQUENCY of SMS you will be sending
I hereby consent to receive 2SMS BENEFITS text alert messages from 2SMS LLC or on behalf of 2SMS at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
5Disclose additional wireless carrier messaging COST
I hereby consent to receive 2SMS BENEFITS text alert messages from 2SMS LLC or on behalf of 2SMS at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
6Provide how to OPT-OUT instruction !
Alternate Opt-out words: Quit, Stop, Cancel, Unsubscribe, Remove, End
I hereby consent to receive 2SMS BENEFITS text alert messages from 2SMS LLC or on behalf of 2SMS at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
7Provide how to get HELP !
I hereby consent to receive 2SMS BENEFITS text alert messages from 2SMS LLC or on behalf of 2SMS at the mobile number provided above. I understand that consent is not a condition of purchase. Message and data rates apply. Message frequency 4 per month. For help and opt out instruction visit www.2sms.com/campaign or contact us at 877-276-7266.
Follow the rule
If you do not have a proof of consent, you will be awarded with significant penalties and risk of class action law suit
SUMMARYCreate a multiple verifiable consent (Opt In).
Interactive text Mobile friendly registration website Interactive Voice Recording (IVR) Paper form
….and be sure to keep all opt-in documentation
GET MORE TIPSF R O M V I C T O R I A & N A T H A N
support-us@2sms.com
http://www.2sms.com
1-877-276-7266
–Victoria Roberts
2sms is an enterprise SMS application provider. We help great companies navigate the SMS industry and integrate SMS into their existing communication system to engage people and then turn that engagement into revenue.
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