The commercial SMS is a powerful communication channel used by many organizations as part of their campaigns, but its use requires a certain caution. Indeed, as we saw in a previous article, the beginning of 2023 was marked by a hardening of French law as to sending this type of message. Today, we look at the famous “Stop SMS” and the consequences for marketing experts who refuse to use it.
Bref rappel sur le SMS commercial
Commercial SMS is a short message (maximum of 160 characters), sent directly on mobile phone to commercial purposes. It offers companies an efficient, economical and easy way to interact with customers and prospects.
There are two types of commercial SMS:
- Promotional SMS, which consists of promoting a product or service (promotion, special offer, new product/service, etc.);
- The informational SMS, which simply consists of informing recipients on a subject (confirmation of appointments, order monitoring, change of schedules, sending a code, etc.).
Let us also recall the main good practices of commercial SMS:
- You must have obtained the explicit consent of the recipients before sending them your communications.
- As an explorer, your identity must be indicated in a clearly and clear way.
- You must leave the possibility for each recipient to unsubscribe if he no longer wishes to receive your messages.
- You cannot send a message between 8 p.m. and 10 a.m., nor on Sundays and holidays.
Now let’s move on to the legal aspect.
STOP SMS
According to the CNIL (France):
Shipments of commercial SMS are only authorized if the recipient has previously agreed to receive this type of message. A company can however send prospecting SMS to people who are already its customers for products or services similar to those they have already purchased. Customers must nevertheless have the option of asking for free to receive SMS.
The goal of “ stop SMS is mainly to protect consumers against the risk of spam by SMS . An increasingly frequent risk, therefore more and more supervised by law. Thus, when he wishes to oppose the reception of new advertising SMS, a recipient has the possibility of doing so by message by responding “ stop ” to the 5 -digit number indicated. This shipment only works for 5 -digit shipping numbers starting with 3, 4, 5, 6, 7 or 8.
This free option makes it possible to let the transmitter know that it must stop sending messages to the person concerned, and withdraw from their contact database. A message confirming that the request has been taken into account should normally follow the sending of the “ stop SMS “.
The integration of the mention “Stop SMS” is compulsory for all advertising messages. It allows shippers to stay in agreement with the law, and consumers to enforce their rights.
Presentation of a valid advertising SMS:
- Promotional message
- Mention “Stop SMS at…. (Here add a 5 -digit number)
Please note, it is good to note that the “Stop SMS” is compulsory for promotional messages, but not for information messages.
Sanctions in the event of non-compliance with the law
If, as a message issuer, you decide not to include the mention “STOP SMS” and that one or more of your recipients complain, you expose yourself to a fine of € 20,000 in France. A large sum which aims to discourage the most recalcitrant spammers and marketers
Useful point for the recipients of advertising sms
Some consumers receive abusive advertising SMS, without mention “STOP SMS” and sometimes without sender number. In this case, it is a spam and it is possible, even advised, of reporting it to 33700, a free service dedicated to SMS spam in France.
The procedure is simple: when you receive the undesirable SMS on your phone, transfer it by message to number 33700. The fraudulent SMS will then be transmitted to telephone operators who can act accordingly, by cutting for example the transmitter number. A simple gesture that contributes to the fight against spam by SMS.
