Introduction
This code deals with the use of Short Message Service (SMS) to deliver Commercial Messages to cell phone users.
The use of SMS to deliver Commercial Messages to Customers is increasing.
Customer can perceive commercial SMS as intrusive as there is no clear opt-out process, it is difficult for customers to avoid the message
and there is no indication of who sent the SMS. There is presently no SMS code of practice in South Africa.
Existing codes of practice for Direct Marketing and E-Business do not adequately address the characteristics of SMS marketing.
The Marketing Federation of South Africa represents a large number of companies who are requesting guidelines on SMS marketing.
As an industry association, the MFSA is acting as a neutral forum to process the drafting of this code.
This code was drafted between June and August 2002 with the participation of Cell-C, Vodacom, MTN; over 30 Service Providers and companies,
MFSA E-Business Committee; the MFSA Board and was put forward for comment to the general public and the MFSA's 300 member companies.
Definitions
Network Operator - Vodacom, MTN, Cell-C or future Network Operator with SMS sending capability.
Service Provider - Any person or entity contracted to a network provider to sell and/or market SMS services.
Message Originator - Any person or entity with a commercial arrangement with a Network Operator or Service Provider to send Commercial SMS.
Commercial SMS - A message sent by SMS that is designed to promote the sale or demand of goods or services whether or not it invites or solicits
a response from a recipient.
Originating Number - The number allocated to the Service Provider by the Network Operator through which the commercial SMS was sent.
Recipient - A person who receives a commercial SMS.
MFSA - Marketing Federation of South Africa.
Objectives
Protect consumers by, 1. Preventing unsolicited SMS messages, 2. Providing a channel for resolution and 3. Promote responsible use of SMS as a
marketing medium.
Scopes
The code is limited to:
Providing rules for the sending of Commercial SMS by Service Providers and Message Originators
Providing a mechanism for consumers to (1) identify which Service Provider or Message Originator sent an SMS and (2) to be able to locate the
contact details of that Service Provider or Message Originator and (3) if the response from the Service Provider or Message Originator is
unsatisfactory to lodge a complaint with the MFSA
Rules
Message Originators must not send Commercial SMS unless:
the recipient has requested the SMS, OR
the recipient has a prior commercial relationship with the message originator and would reasonably expect to receive marketing communications from
the originator, OR
where the originator has no prior commercial relationship with the recipient, the organisation supplying the originator with the recipient's
information has the recipient's consent to do so for the purpose of SMS use
Message Originators must allow Recipients to unsubscribe from Commercial SMS through:
Notifying the Message Originator directly, OR
Being referred by the Service Provider to the Message Originator.
Message Originators must include their name or identifier in a Commercial SMS messages.
Service Providers and Message Providers must include a valid originating number in all Commercial SMS messages.
Network Operators must provide the Originating Numbers issued by them to Service Providers or Message Originators and their names and contact
details to the MFSA for inclusion on the site www.smscode.co.za as part of their contractual agreement with the Service Provider or Message Originator.
Handling Complaints
The MFSA will create a web site at the URL www.smscode.co.za (plus a telephone number to the MFSA Consumer Desk) where:
Recipients can:
View the code
View guidelines on how to respond to unsolicited commercial SMS
Enter an Originating Number and be returned the name and contact details of the Service Provider or Message Originator who sent that message.
View the telephone and email details for Service Providers.
Submit a complaint to the MFSA if they feel a Service Provider has not solved their problem.
Service Providers can:
Email the MFSA contact to update their contact details.
Network Operator Help Staff can:
Search for an originating number and see which Service Provider or Message Originator is the contact for the complaints.
View the telephone and email details for Service Providers or Message Originators.
Network Operator Admin can:
Log in to an admin section of the site and update Originating Numbers and Service Provider details, OR
Email the MFSA with any updates and the MFSA will load them.
The MFSA will filter submitted complaints by first referring the complaint to the Service Provider (if any), then to the Message Originator
and finally to the Network Operator.
