UK SMS Anti-Spam Law
It appears there is no law governing the use of direct SMS marketing here in the UK, only “regulations.” Well, regulations be damned. Both Lindsay and I received direct marketing messages today from a company called “Utext”. I have never heard of this company and so they should not be texting me.
Regulations are usually very limited in their effectiveness, as they do not break the law and the enforcers of regulations do not have as much power.
Here in the UK you are entitled to opt-out of all unsolicited marketing calls to your mobile phone by putting yourself on the Telephone Preference Service but as far as I know, this only covers calls.
When it comes to text messages, the email below outlines the regulations and it specifically states that a prior relationship must already exist between the business and the recipient. Considering Lindsay and I received our SPAM SMS’s within mere minutes of one another, it is clear the company was using a bulk SMS delivery service to SPAM their unwanted services.
The UK newspapers have recently been discussing a controversial company by the name of 118 800 who claim that you can gain access to their directory of mobile telephone numbers for any purpose and that you can use this service to obtain the name and number of any mobile user for only £1. Apparently all of this information has been obtained from marketing lists and the like. Yes, I have so much trust for these companies and their use of my personal information. Sarcasm mode off.
So with regard to my dealings with Utext, I have sent this email along and I will see whether or not they are willing to respond. I don’t hold out much hope but sometimes companies like this are just unaware that they are doing the wrong thing. (Did I say Sarcasm mode off?) I did not know my rights until I researched this this evening, and I think it pays to make the effort to badger these companies directly who use these kinds of methods, whether they are in the right or the wrong, so that people like them know that people like us won’t stand for it. It’s also a massive time-waster for them having to deal with the likes of us, and as I see it, they’ve already wasted my time enough today so it’s comeuppance!
(Here’s a trick for the willing: Next time a company you don’t like sends you advertising material in the post with a reply-paid envelope, fill it up with junk mail, seal it, and post it back. They have to pay for the postage on the reply and waste their own time and effort processing it. It seems only fair — an eye for an eye.)
My email follows:
To: help@utext.tv
Subject: Unsolicited Commercial SMS
Date: Sat, 11 Jul 2009 23:20:31 +0100
Hello
Today I received a marketing SMS from your company from the number 85066 advertising a product called Utext to my number, (removed).
This method of marketing is in breach of the UK Directive on Privacy and Electronic Communications(1), which is effective October 2003. The directive states that such SMS advertising (covered under the title of "electronic mail"(2)) should not be sent to any consumer unless the following three conditions are met (from the consumer's viewpoint):
- The marketer has obtained your contact details via a sale or sale negotiation.
- The text messages concern similar products or services offered by the business.
- You were allowed an opportunity to refuse the SMS marketing when your contact details were obtained and, if you didn't refuse, then you were offered an easy way to opt out in any future communication.
As I do not know your company and have never dealt with you before to my knowledge, could you please explain how each of these three criteria above apply to me and my number and assure me that you are operating within the rules.
I await your reply,
Adam Smith
(1) The Directive on Privacy and Electronic Communications can be found here: http://www.opsi.gov.uk/si/si2003/20032426.htm
(2) SMS is covered under the guise of e-mail as electronic mail (see: http://www.the-dma.org/international/articles/UKElectronicprivacyreg.PDF page 2).














