Navigating the legal landscape of phone list collection and usage is perhaps the most critical aspect of mobile marketing. Unlike less regulated channels, SMS communication carries significant legal implications, with hefty fines and reputational damage as potential consequences for non-compliance. Businesses must thoroughly understand and strictly adhere to the specific regulations governing unsolicited commercial messages in each jurisdiction where they operate or target consumers.
The cornerstone of all phone list collection and usage laws is consent. Simply having a phone number is never enough; you must obtain explicit permission from the individual to send them marketing messages. This south africa phone number list consent must be verifiable and clearly understood by the consumer.
Key regulations and their requirements include:
The Telephone Consumer Protection Act (TCPA) in the United States:
Scope: Governs telemarketing calls, faxes, and SMS messages.
Consent: Requires "prior express written consent" for most marketing text messages sent using an autodialer. This means an unambiguous authorization (e.g., an electronic signature or checkbox) stating that the consumer agrees to receive texts and that consent is not a condition of purchase.
Disclosures: At the point of opt-in, you must clearly inform the consumer that they are agreeing to receive marketing messages, the frequency, and that message and data rates may apply.
Opt-Out: Every marketing message must include a clear and conspicuous way to opt out (e.g., "Text STOP to unsubscribe"). Opt-out requests must be honored immediately.
Enforcement: Enforced by the Federal Communications Commission (FCC) and through private lawsuits, with statutory damages of $500 per violation, which can be trebled to $1,500 if the violation was willful or knowing.
