Stop Spam Texts Discussion Area

I think you are correct about the networks. As you said in a previous comment, unless they're operating from a very remote location then a simple triangulation lookup would almost certainly pinpoint the sim farm.

I have read various blogs and articles recently, some from consumers and some from those which have gathered a little Intel, but not truly understanding the fundamentals of the SMS industry and what service providers do to protect this industry.

Firstly I would point out that although I work in this industry, I do not now nor will never, condone unsolicited text messages.

There are many reasons why you could be receiving a marketing message from a company.

• You may have had a previous relationship with that company, including enquiring or purchasing from them.
• You may have requested further information from them.
• You may have opted into receive more information from that company or its partners.

Have you completed a survey or questionnaire, on or offline, where you gave your mobile number? If so, did you check carefully the Privacy Policy? Did the company inform you they may pass your details onto a third party?

Opted in through a Survey?
Now this doesn’t relate to Premium Rate Services which are governed by Phonepayplus, this relates to Free SMS Marketing messages which you believe are unsolicited.

Firstly a text can come from either a short-code i.e. a 5 or 6 digit number, a long number i.e. what looks like a mobile number, or alternatively an actual name.

All text messages received must contain an opt-out “text stop to stop” or similar, and must contain the company name either in the “from” information, or within the message body.

What happens when I text Stop.
The company which has text you has a legal obligation to supress your opt-out request against any further marketing messages from that particular company.

Consumers must note, you must opt out correctly, for instance, if the message says text STOP to STOP. You must just text the word STOP. Abusive Language or any other text in the message doesn’t stop further marketing messages. It is a computer not a human.

However if you have opted in to a survey you may still get marketing messages from other companies offering products and services, this is due to your details being on a third party marketing list. Texting STOP doesn’t prevent this, nor does going to your network operator, as you have in-fact opted in to receive these messages.

How to stop them.
There is currently no true way of fully stopping third party messages; this is due to a number of factors.
• If you have opted in to receive third party messages you need to find out who is passing on your mobile number to these companies.

When you receive a text you believe is unsolicited, find out who has text you by looking for the company name within the message. No Company Name, a quick search of the number on the internet should give you valuable information, call the company, but please make sure it is either a Freephone number, local or national number. Inform them you have received a text and would like to know where they obtained your number from. They have a requirement under The Data Protection Act 1998, to respond to your request within 28 days. Ask to have your number put on the Stop List. Make a note of the date and time, and info about your call. A guide to obtaining your opt-in information and how it works is available through the ICO here > ico.gov.uk/upload/documents/library/data_protection/introductory/data_protection_-_when_and_how_to_complain.pdf Data Protection Act – How and When to complain

Found out where they have obtained your number from?
If so that’s a great start. Give the company a call, keeping notes of your conversation, ask them not only to be removed from your database but you would like to know your opt-in information. Again incompliance with the ICO they have 28 days to respond, ico.gov.uk/upload/documents/library/data_protection/introductory/data_protection_-_when_and_how_to_complain.pdf Data Protection Act – How and When to complain.

Not been provided with the information you have requested. ?

All is not lost.

• All companies have an obligation under the Data Protection Act 1998 to provide you with the information. Contact the Information Commissioners Office, .ico.gov.uk give them all the information, including your requests for information, your notes, and your logged phone calls. They really will deal with it.
• If you have the have the company name, you can do a quick search to find out if they are members of the Direct Marketing Association, if they are not only contact the ICO but contact the DMA, they welcome information, about companies not following the Code, and the company could end up losing the DMA Licence. DMA is available here dma.org.uk but please note this is only if the company has not responded to your request.

I received a text and it charged me!
Firstly are you sure you did not sign up receiving this service? If you did a simple STOP request should take you off the subscription service and no further billing should occur.

If you didn’t then this is unsolicited. Phonepayplus is responsible for monitoring Premium Rate SMS Activity in the UK. They have a quick checking tool, where you can type the short-code into the website and it will identify the company sending you the message, phonepayplus.org.uk Call the company who billed you, request a refund! Request your opt-in information and finally make a compliant to Phonepayplus phonepayplus.org.uk/For-The-Public/Make-a-complaint.aspx

If there is no short-code number to identify the company, still make a compliant to Phonepayplus. They will investigate it.

Debt Management, PPI, Compensation Claims.

This is such a hot topic right now and needs some clarity.

All REPUTABLE sms gateway providers should be doing due-diligence on the companies using their service, before activating their account. Including asking for promotional material. Again there are simple ways to check if the message is unsolicited, does it contain a company name? Does it contain an opt out? Are you sure you haven’t asked for information?

If you believe this is still unsolicited there are a few things you can do.

• Does the text come from a short-code, 5 digit or 6 digit number? If yes a quick search on the Phonepayplus website might give you the company name of the owner of the short-code, this may be either the company who is texting you or the service operator. It is normally the service operator (the company who provides the SMS Service to the company). Give them a call, if it is the service operator, they will investigate their users. Find out who is texting you; I’ll go into more detail on that shortly.

• Does it have a have a telephone number but no company name in the message body? Make sure it is not a premium rate number you are calling, and find out the company name.
• If you already have the company name from the text message, that’s great!

What to do with the company name information you have obtained?
I have broken this down into two sectors, Claims Management & Debt Management/Finance. It is important you understating which industry body you are complaining to.

All Claims Management companies including PPI, Accident Claims, Must all have a Ministry of Justice Licence (MOJ). The MOJ is responsible for these companies, and take unsolicited text messages very seriously, you can complain to them directly about receiving these types of messages. justice.gov.uk/about/index.htm

ALL Debt Management & Finance Related Companies i.e. Pay Day Loans, and including those lead generation companies must have a Consumer Credit Licence (CCL) these are issued by the Office of Fair Trading (OFT). You can check companies details and make complaints about these companies to the OFT - oft.gov.uk/OFTwork/credit-licensing

A Few Help Notes.
• Messages can come from either short-codes, long numbers (those looking like mobile numbers) and those with a from name.
• Not all messages are unsolicited, although you may have not had a direct connection with the company sending you the message, you may have opted in to a marketing database.
• MPS & TPS do not stop SMS Marketing
• There is currently no single industry opt-out register
• The Ministry of Justice is responsible for Claims Management Companies
• Office of Fair Trading is responsible for Debt Management Companies and Finance related companies.
• Phonepayplus is responsible for Premium Rate Text Messages.
• Information Commissioner Office is responsible for the Data Protection Act, which includes obtaining your opt in information.

I hope the information was useful to all parties. so to go on and on.

Sorry about spelling and grammar.