Is SMS and Bluetooth Marketing Legal?

A lot of people today wonder about whethercampaign, but the most important thing is not to
Bluetooth Marketing, and proximity marketing inpass your service on as spam. Proximity
general is legal, as people claim it can bemarketing is not just about broadcasting an image
considered as SPAM and annoying.on to the passers-by mobile phones. It has a lot
On the one hand, we must first see whetherto do about the content of the message (be it
these marketing approaches are legal. Obviously, ifvideo, image, audio, etc.) and the value the
they are not, there is no point discussing it anyrecipient of your message gets from receiving
further, we can simply dismiss the discussion andyour message. For example, just sending out
file a law suit against anyone running suchyour logo via Bluetooth to anyone passing by
campaigns. The legal framework is different inyour shop, might seem like a good way to
every country around the world, and in someincrease awareness and brand recognition, but
cases dramatically (take for example the deaththings are not always like that.
penalty). However, the European Union, now hasThe first time an end user experiences proximity
some common guidelines across all its membermarketing and receives your message there's a
countries, and so do the United States, for eachsense of novelty, and interest about the new
state. Therefore, each country might have itsway in which the message is received, but the
own laws and I would be interested if any of youuser quickly gets accustomed to this, and sees
out there live in a country that has any specificthe message for what it really is. When proximity
laws about proximity or text marketing, I wouldmarketing has become more common though,
be very interested to find out. Please leave a(which, incidentally, is not too far into the future)
comment by clicking the yellow post-it note.messages such as these will be considered spam.
I am only aware of E.U. regulations by theWhat you need is to provide some true
European Commission, and I also came across thisvalue-added services to your customers. Give
article, by Victoria Southern, a solicitor withthem some reason to want to use your
Pinsent Masons, discussing the legal frameworkproximity marketing service.
regarding SMS and Proximity marketing, in theAmong the available online resources is also the
U.K. She concluded that proximity and textMobile Marketing Association website, which
marketing are both legal, as long as specificcontains a code of conduct for mobile marketers,
guidelines are adhered to, such as the ability toand also provides a number of other resources
opt-out for the consumer in SMS marketing, andsuch as mobile advertising guidelines, etc. These
obtaining the consumer consent before sendingcan be useful tools if you are looking to run a
them any content.successful campaign, and want to avoid common
Even with the legality of the approach established,pitfalls, and it's a good place to start.
however, we all know (too well sometimes) thatIn general, I would say the legal issues are easily
some marketing approaches, though legal, can beovercome. What is more difficult, and also of
extremely annoying. In the case of proximitymore value and to the point, is picking the right
marketing especially, where the consumer isone out of all the proximity marketing services
required to opt-in, we must take special care toyou can offer to your audience, and run a
ensure they have good reason too, otherwise thecampaign which benefits everyone: the marketer,
campaign is destined to fail miserably. I havethe end-user, and the service provider. Happy
written a separate article with some advice andmobile marketing!
tips on running a successful proximity marketing