SMS Advertisement Mailing

Regulatory framework for texting advertising

It is important to remember that SMS mailings of absolutely any advertising are regulated by law. In particular, the law on advertising. This document establishes a ban on advertising through SMS mailings of certain types of goods and services. For violation of the law by sending SMS messages containing advertisements for certain types of goods and services, operators can be fined from 100,000 to 500,000 rubles. For 1 SMS message without investigation, how could the OFAS act even if the distribution is carried out with subscribers' consent?

The Federal Law on Advertising

No advertising is allowed:

1. Goods whose production and (or) sale are prohibited by the legislation of the Russian Federation;
2. Drugs, psychotropic substances, and their precursors, plants containing drugs or psychotropic substances or their precursors and their parts containing drugs or psychotropic substances or their precursors;
3. Explosive substances and materials, excluding pyrotechnic products;
4. Human organs and (or) tissues as objects of purchase and sale;
5. Goods subject to state registration in the absence of such registration;
6. Goods subject to mandatory certification or other mandatory confirmation of compliance with the requirements of technical regulations in the lack of such certificate or confirmation of such submission;
7. Goods whose production and (or) sale require licenses or other special permits in the absence of such permits;
8. Tobacco products and smoking utensils, including pipes, hookahs, cigarette paper, and lighters;
9. Medical services for induced termination of pregnancy.

In addition, there is a ban on the advertising of alcohol. This is due to many restrictions and legal requirements, as well as the inability to comply with all the rules on its advertising in the text of SMS messages. It is also forbidden to send advertisements for weapons, gambling houses, casinos, and betting operators. As well as any other games based on risk and excitement.

SMS advertising is also restricted:

1. Medicines services including methods of prevention, diagnosis, treatment and medical rehabilitation, and medical devices. The communication should be accompanied by a warning about contraindications to their use and application, the need to read the instructions for use, or to seek specialist advice.
2. The notification shall be accompanied by a warning about contraindications to their use, including methods of prevention, diagnosis, treatment, medical rehabilitation, and medical devices for the benefit of which special training is required.
3. No distribution is permitted other than at medical or pharmaceutical exhibitions, seminars, conferences, and other similar events and in specialized print publications intended for medical and pharmaceutical professionals.
4. Dietary supplements. A warning must accompany messages in each case that the object of advertising is not a medicinal product.

• In advertising and information material, including text messages sent to the phone, the use of swear words, obscene and offensive images, comparisons, and expressions is not permitted.
• Advertising for gambling is not allowed in advertising and information materials.

Particular attention should be paid to the content of text messages announcing winnings/award draws of various prizes. If fraud or imaginary winnings are detected, fines will be imposed without the possibility of appeal.

Benefits of SMS Mailing Traffic

1. Platform capacity. Mailings are carried out in such a way as to provide our customers with a service at maximum speed during peak hours when the number of people wishing to send messages to subscribers' phones is maximum; you can be sure that the messages will be delivered on time.
2. Reliable delivery. We have been sending SMS advertising for over 10 years and do it highly professionally. The experience of our employees and the modern equipment and software we use guarantee a high quality of service.
3. A wide range of additional services. You can order mailing with local time, personalize SMS, use a delayed sending function, etc. All this significantly increases the efficiency of the mailing list.