SMS advertising is quickly becoming the standard for many email marketers who have recognized that these days, the best way to reach someone quickly is through a direct text message to their mobile device. However, there are certain rules and regulations that marketers must follow when engaging in an SMS campaign.

Bulk text messaging is governed by the same federal laws that govern all advertisements, whether they appear on TV, print, or on someone’s cell phone display. For this reason, it’s prudent for marketers who are more familiar in the terrain of email newsletters to step cautiously when text marketing to avoid practices that might be deemed illegal. Additionally, running an SMS campaign also requires that the sender follow telemarketing laws. One of the most important considerations is permission.

According to the FCC, bulk text messaging through an automated system is illegal if the recipient hasn’t given their consent to be marketed to. The “automated system” stipulation assures that this applies to all commercial marketers, since few bulk text campaigns will ever be operated manually. This places special emphasis on companies who engage in text marketing to maintain accurate records containing proof of consent. A failure to provide this information could result in stiff fines if customers should claim they never gave their consent to be marketed to via text.