protect yourself from sms spam lawsuit

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PROTECT Y O U R S E L F SMS MESSAGING LAWSUIT FROM HOW TO

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Page 1: Protect yourself from sms spam lawsuit

PROTECTY O U R S E L F

SMS MESSAGINGL A W S U I T

F R O MHO

W TO

Page 2: Protect yourself from sms spam lawsuit

People are spending more time on their mobile phones from ever before

1.08 billionare smartphones

3.05 billionare sms enabled

whoppingan

d

Page 3: Protect yourself from sms spam lawsuit

…and everyone is joining the Mobile Marketing Bandwagon

1.08 billionare smartphones

3.05 billionare sms enabled

whoppingan

d

Advertiser’s Dream Come True

Page 4: Protect yourself from sms spam lawsuit

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

Page 5: Protect yourself from sms spam lawsuit

What are the penalties for FAILING to comply?

$500 TO $1,500 PER unsolicited message and

potential damage may escalate very quickly

Page 6: Protect yourself from sms spam lawsuit

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….

Page 7: Protect yourself from sms spam lawsuit

HOW TO GET CONSENT TO S E N D S M S M E S S A G E S

Page 8: Protect yourself from sms spam lawsuit

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.

Page 9: Protect yourself from sms spam lawsuit

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.

Page 10: Protect yourself from sms spam lawsuit

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

Page 11: Protect yourself from sms spam lawsuit

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.

Page 12: Protect yourself from sms spam lawsuit

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.

Page 13: Protect yourself from sms spam lawsuit

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.

Page 14: Protect yourself from sms spam lawsuit

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.

Page 15: Protect yourself from sms spam lawsuit

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

Page 16: Protect yourself from sms spam lawsuit

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

Page 17: Protect yourself from sms spam lawsuit

GET MORE TIPSF R O M V I C T O R I A & N A T H A N

[email protected]

http://www.2sms.com

1-877-276-7266

Page 18: Protect yourself from sms spam lawsuit

–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.