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Skayle Marketing

SMS Marketing

A phone is the most intrusive surface you will get access to

Text messages get read, which is precisely why the channel is so easy to ruin. Most of this page is about consent, opt-outs, quiet hours and restraint, because those are the decisions that determine whether SMS is still working for you in the second year rather than the first month.

The premise

Why this is not email with fewer characters

A marketing email arrives in a place built to receive marketing. There is a promotions tab, a folder structure, an inbox somebody checks when they choose to. A text message arrives on a lock screen, next to a message from a family member, and it interrupts whatever the person was doing. That is the whole value of the channel and it is also the whole risk.

It follows that the constraints on SMS are tighter everywhere. Consent has to be more explicit and more specific. Opt-outs have to be honoured immediately rather than within a working period. Timing matters in a way it does not elsewhere, because a message at half past six in the morning is not merely unwelcome, it is remembered. And frequency is not a tuning exercise, it is the main decision you will make about the channel.

The regulatory picture reflects that. In the United States, marketing texts fall under the TCPA and the rules built around it, which centre on prior express written consent for marketing messages, and separately under carrier requirements covering registration, sender identity and what may travel on the networks. Canada applies CASL, which treats a commercial text like any other commercial electronic message and requires consent, identification and a functioning unsubscribe. The United Kingdom applies PECR alongside the UK GDPR. Australia applies the Spam Act 2003. The regimes are not variations on one rule, they are different rules that happen to overlap.

We are a marketing agency, not a law firm, and nothing on this page is legal advice. Our job is to make sure the systems can carry whatever position your counsel takes: consent recorded per channel with a timestamp and a source, opt-outs enforced automatically everywhere, quiet hours applied against the recipient’s location, and evidence retained. Before a first send into a market, confirm your position with your own counsel and tell us what it is so we can build to it.

The commercial argument for all of this restraint is simple. SMS works because people still treat a text as something that matters. Every business that treats the channel casually spends a little of that shared assumption. Protecting it is not caution, it is the reason the channel is worth using at all.

Stated plainly

What we will and will not do on this channel

SMS is the channel where the shortcuts are most tempting and most damaging. These are not preferences we negotiate at the start of an engagement.

What we will do

  • Ask for SMS consent explicitly and separately, at the point of collection, with the sender and the message type stated.
  • Record when consent was given, where it was given and what the person was shown at the time.
  • Honour an opt-out immediately and automatically, in every system that can send, including the ones we did not build.
  • Enforce quiet hours and frequency caps in the platform, calculated against where the recipient is.
  • Keep transactional, conversational and marketing messages in separate flows so that one cannot contaminate another.
  • Complete carrier registration and sender identity work where a market requires it before any traffic is sent.
  • Tell you when a send should not go out, including when it would have made money.

What we will never do

  • Buy, rent or import a list of mobile numbers, or send to numbers collected for a different purpose.
  • Treat an email opt-in, a purchase or a delivery-updates checkbox as consent to send marketing texts.
  • Bury the marketing consent inside terms, a pre-ticked box, or a condition of completing a purchase.
  • Add promotional content to a transactional message because it will be opened either way.
  • Route an opt-out through a person or a shared inbox where it can wait until Monday.
  • Send outside quiet hours, or ignore the recipient’s time zone because the schedule was set in ours.
  • Offer an opinion on your legal position, or send on the assumption that a regulator would probably not mind.

What we are usually called about

Four ways an SMS programme damages itself

The numbers came from somewhere else.
They were collected on a booking form, at a checkout, or on a paper sheet at an event, for the purpose of confirming an order or an appointment. Marketing to them later is a different use, and nothing about holding the number establishes permission for it. This is the single most common reason a first campaign generates complaints rather than sales.
Opt-outs pass through a human being.
Somebody replies STOP and it lands in an inbox that gets checked on working days. Two more messages go out before anyone reads it. Every one of those is a message to somebody who explicitly asked you to stop, which is the most avoidable and the most damaging category of complaint there is. Opt-out has to be a system behaviour, not a task.
The schedule was set in the wrong time zone.
A send is scheduled for a sensible hour where the marketing team sits and arrives before dawn for a third of the list. The unsubscribes from that one message often exceed a month of ordinary attrition, and the people who leave are disproportionately the ones who had been buying.
Frequency crept up because the early results were good.
The first campaign performs, so the second follows a week later, then a third. Each individual message still looks acceptable in isolation. What is not visible in the campaign report is the list shrinking underneath, because unsubscribes are counted as a small percentage rather than as customers who can no longer be reached by any message at all.

The setup

What has to exist before a first campaign goes out

  • An SMS-specific opt-in, separate from email, with the sender named and the message type described
  • The wording shown at sign-up recorded as it appeared, alongside the timestamp and the page it appeared on
  • Consent, source, timestamp and jurisdiction stored on the contact record as fields, not as a note
  • STOP and its equivalents honoured automatically, with the reply handled by the platform rather than a person
  • A single suppression list respected by every system that can send, including any sales or service tool
  • Quiet hours configured against the recipient’s time zone, with sends outside them blocked rather than warned
  • A written frequency cap agreed with you, enforced in the platform, and reviewed rather than quietly raised
  • Transactional, conversational and marketing traffic separated in the platform and where practical in sender identity
  • Carrier registration and sender identity completed for the markets that require it, before any traffic
  • Links that are readable, attributable and not shortened into something a recipient has no reason to trust
  • Unsubscribe and complaint rates reported next to every other number, in the same place, every time

How we start

From nothing to a first send, in the right order

  1. Establish what you are actually allowed to send

    We go through where each number came from, what the person was told, and what evidence exists. Some records will be usable, some will need fresh permission, and some will not be usable at all. That answer comes before anything is written.

    You get: A consent position per source, with the unusable records identified

  2. Build the opt-in, then let your counsel read it

    The sign-up mechanism, the disclosure wording, the confirmation message and the record it writes. We draft it, you take it to your own lawyer, and we adjust to whatever they say. That order saves rewriting the whole capture flow later.

    You get: A consent flow drafted and ready for legal review

  3. Configure the operational rules in the platform

    Opt-out automation, suppression across every sending system, quiet hours by recipient time zone, frequency caps, and separation of message types. These are set once, tested deliberately, and not left to campaign-level discretion.

    You get: Platform rules configured and tested end to end

  4. Complete registration where the market requires it

    In the United States in particular, sender registration and identity work has to be finished before traffic flows, and it takes time that is easy to forget when planning a launch. We start it early rather than discovering it during the week of the first send.

    You get: Sender registration completed for the relevant markets

  5. Send something small and useful, then read the right numbers

    A first send to a defined segment with something genuinely worth interrupting somebody for. Then we look at unsubscribes and complaints first and revenue second, because the first two tell you whether there will be a second year of this channel.

    You get: A first campaign with a full post-send review

Questions

What clients ask before they send a text

Do our email subscribers count as SMS subscribers?

No. They are separate permissions and they need separate evidence. Somebody who agreed to receive your newsletter has not agreed to receive a text, and the fact that your platform stores both an address and a number on one record does not make them one consent.

The practical consequence is that an SMS list is built rather than converted. You ask for the permission explicitly, you make clear what will be sent and roughly how often, and you record when and where the person agreed. It is slower than switching a channel on, and it is the difference between a list you can defend and one you cannot.

Do the rules differ by country?

Substantially, and the differences are not cosmetic. In the United States, marketing texts sit under the TCPA and its associated rules, which are built around prior express written consent for marketing messages, and separately under carrier requirements that govern message content, sender registration and traffic on the networks themselves. In Canada, CASL treats a text as a commercial electronic message and requires express or implied consent, sender identification and a working unsubscribe mechanism. In the United Kingdom, PECR governs electronic marketing alongside the UK GDPR, with consent generally required and a narrow soft opt-in for existing customers. In Australia, the Spam Act 2003 requires consent, accurate sender identification and a functional unsubscribe facility.

That is a descriptive summary, not advice. We are a marketing agency and we do not practise law. What we do is build the consent capture, the records and the suppression so that whatever position your counsel takes can actually be enforced by your systems, and we ask you to confirm that position with counsel before a first send into any market.

How often can we send?

Less often than the platform will let you and less often than the first month’s results will tempt you to. There is no universal number, because it depends on how much genuine reason you have to make contact, but the useful test is whether a given message would be missed if it never arrived.

The commercial reason for restraint is more compelling than the compliance one. Unsubscribes on this channel are permanent in practice, and a subscriber lost in week three is a customer you cannot reach in month twelve. Sending less is how the asset keeps its value.

What are quiet hours and who decides them?

Quiet hours are the periods when marketing messages should not be sent, and they are set by a combination of regulation, platform rules and ordinary judgement. They are calculated against where the recipient is, not where you are, which is the part that catches out businesses selling across time zones.

We enforce them in the platform rather than in a process document. A rule that depends on somebody remembering to check the schedule will be broken by the first person who sets up a send on a Friday afternoon.

Where does transactional messaging sit in all this?

Order confirmations, delivery updates, appointment reminders and two-factor codes are a different category of message with different expectations attached to them, and they are among the most appreciated things a business sends.

The failure mode is drift. A promotional line gets added to an appointment reminder, and now a message somebody never opted into marketing for is carrying marketing. We keep the two apart deliberately, in separate flows and often separate sending identities, because mixing them puts the messages people genuinely want at risk.

Should we buy a list of mobile numbers?

No, and we would not run the campaign. A purchased list carries no consent that belongs to you, no record of when or how it was given, and no way to prove any of it if you are asked.

It also damages the thing you are trying to build. Complaints from people who never asked to hear from you affect the sender identity that carries your legitimate traffic, including the messages your actual customers want.

Work out whether you can lawfully text the people you already have

The first question is always the same: where did these numbers come from and what were those people told. We will go through your sources with you and tell you which of them are usable, which need fresh permission, and which should be left alone.

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Last updated · Reviewed by Zubair Afzal

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