How 2 b a vg txt marketer

25 October 2004

The use of mobile phones as a marketing device has become more and more popular over recent years. The ASA has reported that complaints about commercial text messages rose by 500% in 2003, compared with 2002. As a result, the Committee of Advertising Practice (CAP) has drawn up new guidelines - the Help Note on Mobile Marketing - to help advertisers planning to target consumers via this method.

The main requirements are:

• Mobile marketing must comply with the law, particularly the Data Protection Act 1998 Privacy and Electronic Communications Regulations 2003
  
• Marketers must obtain the explicit consent of consumers before sending a text message unless they are offering similar products to existing customers. Explicit consent is not required when targeting business products at corporate subscribers
  
• Identity of mobile marketers must be clear
  
• When running mobile marketing promotions, marketers must ensure that all significant conditions are stated in the initial SMS.
  
• Marketers conducting mobile promotions must tell consumers how they can obtain promotional terms and conditions. Consumers must have easy access to the terms and conditions throughout the promotion
  
• If consumers need to respond to mobile marketing via a premium rate phone route, or if they will be charged at a premium rate for receiving future mobile phone communications, marketers must make a clear statement at the outset outlining the total charge to consumers.
  
• Consumers should not be charged at a premium rate for opting-out of receiving future direct marketing communications
  
• Marketers must hold verifiable and explicit consent from a parent or guardian when communicating with children by mobile
  
• Marketers must tell children that they need their parents' consent when requesting their personal information.
  

Andrew Brown, Chairman of CAP, said "It is important that marketers targeting consumers via their mobile phones conduct their business responsibly in this very personal marketing medium. This Help Note will help to ensure that anyone planning to send mobile marketing understands fully what is expected of them and that consumers receive fewer unwanted messages – helping to safeguard the effectiveness of those messages they have opted-in to receive."