To send an SMS you must have clearly or implicitly obtained their permission. This could be done through:
An SMS subscribe form on your web site.
An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that you would be contacting them by SMS AND they ticked a box indicating they would like you to contact them.
Customers who have purchased from you within the last 2 years.
If someone gives you their business card and you have explicitly asked for permission to add them to your list, you can contact them. If they dropped their business card in a fishbowl at a trade show, there must be a sign indicating they will be contacted by SMS about that specific topic.
Basically, you can only ever SMS anyone who has clearly given you permission to SMS them specifically about the subject you’re contacting them about.
What kind of mobile numbers are NOT OK to send to?
Anything outside the examples above doesn’t equal permission in our eyes, but here are some examples to make sure we’re crystal clear. By using ClickSend, you agree not to import or send to any email address which:
You do not have explicit, provable permission to contact in relation to the topic of the SMS you’re sending.
You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
You haven’t contacted via SMS in the last 2 years. Permission doesn’t age well and these people have either changed mobile numbers or won’t remember giving their permission in the first place.
You scraped or copy and pasted from the web. Just because people publish their mobile numbers doesn’t mean they want to hear from you.
What to include
What content do I have to include in my SMS?
Every SMS you send using ClickSend must include at least one of the following:
A opt-out mechanism that instantly removes the subscriber from your list. Once they unsubscribe, you can never SMS them again.
The name or number of the sender. If you’re sending an SMS for your client, you’ll need to include your client’s details instead.
If we do discover that you’re SMS messaging people without their permission, we will terminate your account with ClickSend immediately.
If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact us.
Free accounts and free advice. Our legal team can’t wait to help you.