Cell Phone Text Messaging (SMS) Campaigns Watched by Direct Marketing Association
The Direct Marketing Association (DMA) is finally acknowledging that many of their members market products, services, and other opportunities to businesses and consumers and that those advertising and other marketing campaigns should and now do fall under the purview of the DMA. No longer will members of the DMA be able to apply different standards to an ad campaign sent to the mobile phone of a consumer than to the same consumer's email address. That nonsensical "the same rules don't apply to difference devices" policy was used by a number of less ethical members of the DMA in order to circumvent the DMA's consumer protection policies. No more.
According to Direct Marketer, the five big highlights of the new rule are:
- Marketers need for prior express consent for marketing communication that is business-to-consumer (b-to-c) or even business-to-business (b-to-b).
- Notice regarding consumer preferences should be offered in the privacy policy of the mobile marketer.
- Mobile marketers should use appropriate suppression files such as the DMA wireless lists and the federal Do-Not-Call registry.
- The new guidelines also cover location-based marketing messages, mobile subscription services, and mobile premium-rate products and services.
- Members must abide by the Children's Online Privacy Protection Act, including obtaining prior express consent from parents before sending marketing messages to their children and to offer opportunities for those parents to opt-out.
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