Most businesses who extend their email marketing efforts to include an SMS campaign that transmits communications to the mobile cell phones of their customers should already be aware of the minefield of regulations that have been put into place by the federal government. These regulations were enacted to offer protection to consumers from unwanted or bothersome SMS advertising tactics, and all require prior consent from the recipient. But what is the definition of consent when it comes to bulk text messaging?

1. The consent that’s given by a consumer to receive SMS advertising messages has to be “clear and conspicuous”—this means that there’s no room for the interpretation of permission. If it isn’t given clearly, either verbally or in writing (which includes email or the acceptance of terms and conditions on a website), it can’t be considered as having been given at all.
2. Terms and conditions aren’t an option. All SMS campaign marketers are required to disclose these in full, and a recipient has to agree to the terms in order for mobile marketing to legally begin.
3. At any time, the customer should be given the opportunity to opt out of further text marketing.