Companies that use SMS spam, or charge premium rates for opt-outs or replies, will face hefty fines from the Wireless Application Service Providers' Association (Waspa).
According to Piet Streicher, MD of BulkSMS and member of the management committee, SMS marketing abusers could face charges of up to R50 000. The association is more severe on businesses that charge customers premium rates for opt-out and required response SMSes.
"The biggest fine any company has received from the association was R200 000," he says. The Wink dating service charged customers the highest premium rate - R20 - to respond to a possible love match.
BulkSMS says there is no reason why any business-related message should charge a premium rate to customers if they choose to or are required to respond. "The higher rates are generally charged in the consumer market with ringtone downloads and other such services. Even then, we keep an eye on the services."
Streicher says Waspa used to rely on customer complaints to investigate possible abusers. However, it has subsequently appointed a dedicated monitor who tests each of the advertised SMS services.
Customers experiencing abuse can take one of several courses of action. Firstly, they can contact the company that is spamming them and lay a complaint there. Should that fail, and if the company is a Waspa member, a complaint can be laid with the association. "Members are bound by a code of conduct that forces them to investigate possible abuse," says Streicher.
If a company is not a member, consumers can visit www.stopsms.co.za to name and shame abusers.
Reasons for spam
Streicher says companies engaged in SMS marketing campaigns must ensure customers have opted-into any given service. "There are also several other guidelines that they should follow."
One of the most prominent reasons for SMS spam stems from businesses not updating customer details, he adds. "Customers may change phone numbers and old, inactive numbers may be transferred to a new user. This user will then be subjected to the SMS service that another customer opted for."
Businesses must ensure numbers are removed from marketing databases as soon as they are reported inactive.
The SMS is an efficient means of business communication, especially when rolling or extended processes are being followed, which require continuous updates. "The housing industry does this well, where SMSes are sent when bonds are registered, or final transfer occurs. It is important that companies get this right," he says.
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