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FAQ Х What are the rules for mass advertising mailings?

In Russia, there is a Federal Law" On Advertising " from 13.03.2006 N 38-FZ, which regulates relations in the field of advertising. Here is an excerpt from this law concerning mass mailing of SMS messages.

"Article 18, paragraph 1 of the Federal Law" On Advertisingї
The distribution of advertising over telecommunication networks, including through the use of telephone, fax, mobile radiotelephone communications, is allowed only if the subscriber or addressee has previously agreed to receive advertising. In this case, the advertisement is considered distributed without the prior consent of the subscriber or the addressee, unless the advertiser proves that such consent was obtained. The advertising distributor is obliged to immediately stop the distribution of advertising to the person who has addressed him with such a request.ї
It is clear from the law that sending SMS messages is legal only if you have received the prior consent of your customers that you will use their phone numbers for mailing. Otherwise, the SMS-mailing you make will be illegal..

For violation of Article 18, the advertising distributor is liable in accordance with the legislation on administrative offenses. The Federal Antimonopoly Service, which is authorized to monitor compliance with the law "On Advertising", periodically publishes materials on bringing violators to justice.

How can you ensure the legality of your SMS campaigns? The easiest method Ц is to give clients a questionnaire when filling in which they will be able to consent to receive promotional communications. Now the questionnaire is usually filled in when receiving a discount card or discount coupons. Naturally, the questionnaire should be stored all the time until you plan to inform customers with SMS.

You also need to remember that at the first request of the client, you must immediately stop sending SMS messages to his phone.

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