SMS Opt-Out: What Does the Law Say?

Numerous laws govern the use of marketing SMS (also known as promotional SMS). The SMS Stop allows recipients to unsubscribe from the database in which they are registered. It is designed in particular to protect consumers against the risk of spam.

On the SMS Partner platform, this feature is free and added by default to every account. However, it can be disabled when justified. It is important to note that including a Stop option is mandatory for marketing messages.

Distinguishing Between Types of SMS Sent

There are two uses with different purposes:
— Informational SMS (appointment confirmation, sending a confidential code for a transaction, etc.)
— Marketing SMS (for promotional and advertising purposes, also known as Professional SMS).

Numerous laws govern the use of promotional SMS. The fundamental principle is that you cannot send a campaign without first having obtained the recipient’s consent. When sending marketing messages, several points must be respected: the SMS Stop, sending hours and days, and option validation.

To find out more, read our white paper: “Knowing and Complying with Legal Requirements »

The CNIL’s Requirements Regarding Promotional SMS

“It is prohibited to send messages for direct marketing purposes using automated calling systems, fax machines, and electronic mail, without providing valid contact details to which the recipient can usefully send a request to stop such communications, free of charge other than those related to the transmission thereof.”

The CNIL therefore requires SMS Marketing campaign senders to include an unsubscribe feature. This feature, also known as “SMS Stop,” gives recipients the ability to unsubscribe. The SMS Stop thus allows the campaign sender to comply with the law. It is a simple way for consumers to object to receiving new promotional messages.

The following excerpts are taken from Article L34-5 – Legal Reference: French Postal and Electronic Communications Code.

The Risks of Non-Compliance

If during any of your promotional SMS campaigns you fail to provide recipients with an unsubscribe process through the “SMS Stop,” you risk a complaint from your recipients. Non-compliant campaigns are punishable by a fine of €20,000.

Important: it should be noted that if you only send informational messages, you are not required to include this notice in your message.

The SMS Stop Feature Available on Our Platform

We offer this feature free of charge to our users. To ensure your compliance with the law, the Stop option is enabled by default on all your campaigns. Furthermore, including the SMS Stop is mandatory for marketing messages from your provider. Nevertheless, if your campaigns are informational in nature and you wish to disable this feature, it can easily be turned off in the settings.

Your campaigns on our platform will therefore be conducted in full compliance with CNIL regulations. These requirements for sending your messages may seem restrictive. However, it is important to emphasize that the goal is to ensure that only recipients who accept this form of marketing communication receive SMS messages. It is always worthwhile to make sure your customers and prospects appreciate the communication method you use.

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