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Reply ‘STOP' for unwanted SMS messages
New regulations aimed at standardising the opt-out process for SMS messages come into effect tomorrow, Wednesday, 1 August 2007. The regulations make it compulsory for companies sending SMS messages within South Africa to offer consumers a way of opting out from receiving unsolicited commercial SMSes by replying with the word ‘STOP' from their cellphones, which will “greatly simplify the process of stopping unwanted SMS messages” according to Dr Pieter E Streicher, MD of BulkSMS.com.
These regulations have been promulgated by the Wireless Applications Service Provider Association (WASPA) and adopted by the South African SMS messaging industry. This reply is to cost no more than a standard rate SMS, and where this is not possible, an alternative option must be advertised and provided.
Need for simplified mechanism
Consumers have always been able to lodge complaints on the WASPA website, and WASPA has imposed significant fines and/or suspended messaging services of several service providers and their clients for contravening the WASPA Code of Conduct. From the majority of complaints, it was clear that there was an additional need for a simplified standardised opt-out mechanism.
Comments Dr Streicher, who also sits on the management committee of WASPA, “It gives consumers a cellphone-enabled solution to remove their cellphone number from a database. If a consumer's opt-out request is ignored by the company sending commercial messages, the consumer may lodge a complaint with WASPA, as ignoring an opt-out request is a clear violation of the WASPA Code of Conduct.”
Clause 5.1.4 of WASPA's Code of Conduct states that “a recipient should be able to stop receiving messages from any service by replying with the word ‘STOP'.” WASPA stipulates that “the reply ‘STOP' procedure must be included at the start of any messaging service, for example:
Example- First message to consumer: “You have subscribed to the Corner Surfshop free daily SMS surf report. Reply STOP to opt out.”
The wireless industry regulations set out in the WASPA Code of Conduct specifies that consumers can only receive commercial SMS messages when they have requested the message or they have a direct and recent prior commercial relationship with the message originator and would reasonably expect to receive marketing communications from them.
“The wireless industry in South Africa has taken great strides to protect consumers from SMS spam,” concludes Dr Streicher.
