These regulations have been promulgated by the Wireless Applications Service Provider Association (WASPA) and adopted by the South African SMS messaging industry. This reply is to cost no more than a standard rate SMS, and where this is not possible, an alternative option must be advertised and provided.

Need for simplified mechanism

Consumers have always been able to lodge complaints on the WASPA website, and WASPA has imposed significant fines and/or suspended messaging services of several service providers and their clients for contravening the WASPA Code of Conduct. From the majority of complaints, it was clear that there was an additional need for a simplified standardised opt-out mechanism.

Comments Dr Streicher, who also sits on the management committee of WASPA, “It gives consumers a cellphone-enabled solution to remove their cellphone number from a database. If a consumer's opt-out request is ignored by the company sending commercial messages, the consumer may lodge a complaint with WASPA, as ignoring an opt-out request is a clear violation of the WASPA Code of Conduct.”

Clause 5.1.4 of WASPA's Code of Conduct states that “a recipient should be able to stop receiving messages from any service by replying with the word ‘STOP'.” WASPA stipulates that “the reply ‘STOP' procedure must be included at the start of any messaging service, for example:

Example

First message to consumer: “You have subscribed to the Corner Surfshop free daily SMS surf report. Reply STOP to opt out.”

The wireless industry regulations set out in the WASPA Code of Conduct specifies that consumers can only receive commercial SMS messages when they have requested the message or they have a direct and recent prior commercial relationship with the message originator and would reasonably expect to receive marketing communications from them.

“The wireless industry in South Africa has taken great strides to protect consumers from SMS spam,” concludes Dr Streicher.

BulkSMS.com is holding a Mobile Industry Briefing in Durban on Thursday, 2 August 2007, and will discuss SMS spam and the legal and business implications of the WASPA Code of Conduct for companies wishing to send commercial SMS messages to clients, suppliers and consumers. To register for the event, contact Deirdré van Zyl Smit on +27 (0)82 324 4639 or send an email to rsvp@bulksms.com.

[31 Jul 2007 10:54]

SEND TO A FRIEND  |   PRINT