What are the requirements?
If you are unsure of your legal obligations then we strongly advise you to consult a lawyer. We are not legal experts - this information is intended for your guidance only.

Ofcom
Generally speaking, text messages are covered by the same regulations as email. These are overseen by Ofcom, the telecoms and media watch dog. Their site has plenty of useful information and advice specific to SMS/email marketing. Click here for more information.

Opting in
In the UK you cannot send a text (or email) to an individual unless they have opted in. There are two types of opt-in Ôø‡ a 'hard' opt-in, where someone has expressly given their permission to receive marketing information from you, and a soft opt-in where they have not.
Make subscribers aware of exactly what you are intending to send them and how often, for example 'Enter your mobile number to receive offers in our free monthly text alerts'.

The soft opt-in if you can show that someone has expressed an interested in your products or service through, for example a previous purchase. When someone has simply made an enquiry, but not bought your services then it may not be considered as an opt-in.
With a hard opt-in, it is acceptable to send someone marketing messages even if they are registered with the TPS (telephone preference service). For a soft-opt in, this may not be considered reasonable.

Storing information
It is recommended that you keep evidence of opting in requests. As you are storing data on a computer you are required to meet the requirements of the Data Projection Act. There is comprehensive information on the DCA website and Data Protection Act. In terms of storing information in the txt4ever system we recommend only storing essential data for message sending. Typically this may be a mobile number and a reference. There is no need to store detailed personal information online.

Opting out
Whatever the circumstances of their opting in, you must offer a clear and simple means of opting out. For example, it may not be reasonable to send an SMS if the recipient must call an unpublished number to be removed. If the means of removal is different to the method of marketing, then this must be made clear. So a text message can refer to a web site on which there is clear link to remove a mobile number from a marketing campaign.

It is the often failure to remove people, in spite of their requests that has led to companies being penalised under the legislation. So, if in doubt, make your opt-out's clear and simple. After all, what is the point in sending text messages to people who don't want to receive them?

There are specific regulations for Premium Rate SMS which are regulated by ICSTIS - please see their site for more information.