What does the law say about SMS sending?


Note: the legislation presented below is French legislation. As our sending service is located in this country we ask you, whatever your country of origin, to respect this legislation (or that of your country if it is more restrictive of course).


The principle for SMS is very simple: it is the opt-in rule (LCEN of 21 June 2004).
The definition is as follows, to send an SMS to a person:

  • You must have collected his mobile phone number with his consent,
  • The person must have given you consent to receive SMS messages from you,
  • This consent must be free and voluntary (no ticked box by default). You must also keep a record of this acceptance so that you can refer to it if necessary.
Right to opposition
Be aware that your recipients have a right of opposition. By sending "STOP" in reply to your SMS they will be automatically added to the blacklist and will not receive any more messages from you.
 
Warning: if you customize the sender of the messages, the following information will be automatically added to your message to allow this opposition: 
  • If you send to metropolitan France: "STOP SMS au 36111"
  • For other destinations: "STOP SMS ssms.fr" 
 
SMS Spoofing
Spoofing is about pretending to be a person or company that you are not. This activity is, of course, perfectly illegal and constitutes a crime of identity theft. If you customize the sender of the SMS message, make sure you don't make a mistake in your name or number. The name displayed must be yours (or your company's name) and the number used must belong to you. 

Warning: on our platform, any attempt of spoofing or non-compliance with the legislation is a case of breach of the license contract which will lead to a interdiction of use without possible refunding of unused credits. We also reserve the right to inform the competent authorities and to take legal action in this regard.
 
Tags: droit, law, législation, legislation, opposition, spam

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