Most countries have laws to prevent internet spam. As a rule of thumb you need consent to send marketing SMS or e-mails. But there are a couple of important exceptions that you should know.

Most countries have laws to prevent internet spam. As a rule of thumb you need consent to send marketing SMS or e-mails. But there are a couple of important exceptions that you should know.

SMS marketing in Europe

In Europe the marketing laws require you to get consent before you send SMS and e-mail marketing to NEW prospects. And you are now allowed to get this consent by e-mail or SMS as that in itself is considered marketing.

However, you ARE allowed to send marketing to existing customers but only for similar products and if they can easily and freely opt-out of any future messages.

Here is a quote from the European Commission:

The question is what a “similar product” is.

If you only sell one kind of products – for example essential oils, then they should all fall within the “similar products” rule even when promoting different blends. Similar, if you sell children’s toys then all toys would be “similar products”.

On the other hand of you sell many different and not directly related products then they are most likely not to be considered “similar products”.

How to filter your SMS campaigns for consent

In the SMS Europe you can easily select if you want to only send SMS messages you contacts that have given you consent, or not – or both.

Under Customer filters apply the “SMS marketing consent” filter.

And select the setting you want.

SMS marketing outside Europe

Be aware that not all countries have the same marketing laws. In some countries you are allowed to send SMS to anyone as long as they can opt-out. In other countries there may be more restrictions.

If in doubt consult with your lawyer or local marketing organisation.

Legal disclaimer

The above is not to be considered legal advice. If you are in doubt about any of this please consult with your lawyer.

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