How do mailing services relate to rules

Each new post devoted to the review of various marketing tools and the use of intrusive advertising suffers a fiasco and is in a huge minus, but in this case everything will be a little different.

If you are a special connoisseur who kindly receives SMS messages, spam emails and cold calls from Kirby sellers, then you can close this post, but I ask the rest for an amusing story.

Where do mushrooms start growing?

Every time I start to create, or to upgrade, a project, I pay close attention to the legal issues of business organization. Since there were unpleasant moments that left a sediment, months of sleepless nights and giant bills for lawyers.
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Now, even copying a photo from a free photobank, I request permission to use it from its owner. Funny, but paranoia and caution take over.

So, I needed the tools to work with the existing client base to increase sales and increase loyalty to the company. Naturally, I immediately came to mind the idea of ​​creating a sales office (call center), and then connecting SMS and e-mail-mailing.

As usual, I decided to initially verify the existing legal regulations that govern this activity.

How to work with various "mailings"

After checking the consultant, and after reading a couple of conflicting examples, I came to the conclusion that this activity is regulated by laws:

• Federal Law "On Advertising";
• Federal Law “On Personal Data”;
• Federal Law “On Information, Information Technologies and Information Protection”;

In the Russian Federation, in addition to the basic requirements for reliability and integrity of advertising, described by the Federal Law "On Advertising", there are a number of requirements for the implementation of various mailings.

So the main requirement is the voluntary consent of the person to receive advertising messages. And taking into account the Federal Law on the Information, Information Technologies and Information Protection Law, a person should also be guaranteed a simple opportunity to unsubscribe from this advertisement on demand.

It is also delicious that a person must give consent not only to receive messages, but also consent to the processing of personal data. In court, the distributor can prove it exclusively by providing a paper questionnaire with your two checkboxes and a signature.

Those. if the sales manager sends his advertising messages to personal mail to 10 potential clients, he is breaking the law and may incur administrative responsibility.

What we have among the services:

Almost every service that deals with calling and sending out, writes in its instructions that they provide a service of exceptional quality that meets all standards of morality, ethics and legislation. They also remember to point out that they work exclusively with personal customer databases, and in every possible way counteract spam and illegal actions.

Call Centers

I applied to several companies that provided a telephone call service and collected necessary information using the script and database of numbers. Honestly admitting that I bought the target base and gave a "frank confession" that everything is fine. They gave the nod to cooperation.

Unfortunately, but only in one of 5 companies, they refused to cooperate, citing the fact that they do not want a repetition of the problem. What was the problem, I did not understand.

As you can see, they did not particularly strive to comply with the law, and they did not advise me on the possible consequences.

E-mail newsletter

Here the situation seemed excellent. To work with the service, you need to create a button for collecting e-mail addresses, each customer base is manually checked by a moderator, which eventually turned out to be a soap bubble. The base of 1000 addresses was checked in 7 minutes, and sales agents spun me up on rates over 10,000 addresses. What are the addresses, where they come from, God knows them.

As always, the requirement of the law is one, but the wish of the business is above all.

SMS sending

In these systems, great importance was given to checking the client, rather than checking its base. As I explained, it was the result of numerous lawsuits from people who fell for fraudsters sending tons of messages.

As usual, they check the client base for a “tick”, which again causes some alarm.

Conclusion:

Russia has created a smart legislation base that best protects potential consumers from annoying ads. But, unfortunately, many services and companies providing services in this area put profits above common sense.

Separately, I want to thank the following services: smsdirect.ru ; terasms.ru ; infotell.ru and epochta.ru , who showed their character and refused to cooperate with me on "gray" conditions.

Ps If the article fits the other hubs in PM.