How to Avoid Fines for SMS-Mailing: Practical Tips for Business

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Businesses use SMS messaging to inform customers and promote their brands. It is important to understand that this area is controlled by Russian legislation on advertising and communications.

How to send notifications without breaking the law and not getting a fine for sending them - read the article.

How and for what will they fine in 2024?
In order to understand possible fines, let's look at the current legal acts. Information on legal advertising activities and mailings can be found in:

Federal Law "On Advertising" No. 286-FZ
Federal Law "On Communications" dated 07.07.2003 No. 126-FZ
Law "On banks and banking activities" dated 03.02.1996 No. 17-FZ
Law of 06.04.2024 No. 78-FZ
Let's pay special attention to the latest law, which was recently updated. From April 2024, the fine for sending SMS without the subscriber's consent was increased:

For legal entities - from 300 thousand to one million rubles
For officials - from 20 to 100 thousand rubles
For civilians - from 10 to 20 thousand rubles
There are certain categories of goods for which a more severe punishment is provided: microloans, loans, dietary supplements, tobacco and smoking mixtures. For example, when advertising dietary supplements, a note is required stating that the product is not a medicine. In the financial services sector, it is important to specify all the conditions that affect the cost of the offer. When distributing medical products, indicate that the product is for buyers 18+, warn about contraindications and the need to consult a specialist.

To avoid penalties for illegal SMS mailing, do not advertise products from the prohibited list. Also, follow these steps:

Build a subscriber base
Obtain users' consent to mailings
Write a well-written message
Let's look at each point in more detail. We'll also tell you what else is important to consider for legal and effective SMS sending to clients.

Collecting a database for SMS mailing
The most important rule is to obtain consent for sending. It must be clearly expressed and belong to the recipient of the SMS.

What are the possible legal ways to collect a customer base?

In the contract with the client, indicate that SMS messages can be sent to his number.
If you have a retail store, you can replace the contract with a questionnaire.
Create a form on the website that will require a check mark indicating consent to receive mailings.
Collect a database by calling.
Here are illegal methods of collecting a client base, for which a company is guaranteed a fine:

Purchase of customer bases
Search for phone numbers on the internet
Adding to the database of clients who have unsubscribed from the mailing list
Using old databases in which subscribers did not give consent to receive mailings or there is no documentary evidence of consent
The questionnaire or agreement confirms that the user agrees to receive the newsletter. If you send information without documented consent, you can automatically become an offender.

Obtaining consent for mailing
It is important to write the correct consent text, without veiled and complex formulations. What must be included in the questionnaire:

Personal data - full name
Phone number
Name of the organization sending the mailing
Consent to SMS mailing, collection, processing and storage of data, which the user confirms by checking the box
Providing company information
The next important step: provide information about yourself in the message - indicate the name of the company, provide a link to the site and a phone number. Use the individual name of the sender - this way the brand is easier to identify.

In order to be known and trusted, we also recommend:

Do not use foul language or offensive language
How to Avoid Fines for SMS-Mailing: Practical Tips for Business
Do not encourage clients to violate the law or engage in prohibited activities
Do not advertise prohibited products
Don't speak badly about your competitors
Possibility of unsubscribing from receiving the newsletter
An equally important condition for legal mailing is the ability of the subscriber to unsubscribe from SMS on demand. Otherwise, even with one complaint, you can end up among the violators and get a fine.

Make sure that information on how to unsubscribe from on page seo service SMS mailings is available. To do this, you can:



Place instructions on the website.
Set up a 2-way mailing, in which the client can send an unsubscribe command via a reply SMS.
Conduct training with staff: managers must know how to unsubscribe a client and do it at his first request.
Storing consent to receive newsletters
The final, but no less important point is to keep the client's consent to the mailing. Remember that the law does not matter how it was obtained - on the website, in the form of a paper questionnaire or by phone, the important thing is that it exists.

To learn more about legal SMS messaging, visit our website . You can also submit a request on the service page — and get professional legal advice absolutely free!