What is the best SMS advertising platform

Unsolicited advertising via SMS

From: Consumer Center Bavaria e.V.

The number of smartphone owners in Germany is constantly increasing. Sending SMS (short message service) is increasingly being replaced by so-called instant messaging services such as WhatsApp and Instagram. These services not only allow the exchange of text messages, but also photos, videos, etc.

Nevertheless, advertising via SMS by dubious companies has not gone out of fashion.f

The mesh

Dubious providers continue to use mass sending of SMS such as:

Only love counts! Someone you know wants to tell you something important. Just call 0900-8 ... and enter the following love code 656 ....

Only those who click through the following blank lines to the end of the message will find the note "E1.86 / M".

There are also unsolicited SMS messages promoting an alleged profit. The consumer is pretended that he was drawn as lucky and has now won 500 euros from a well-known company.
If the consumer clicks on the link, he ends up on a website on which he should enter his personal data for the profit. Sensitive, personal or financial data is obtained from the consumer in order to use it in turn for spam mail.

If such an advertising SMS is sent without consent or without an ongoing business relationship, it is a further form of annoying advertising, such as unsolicited fax, telephone and e-mail advertising. Such advertising is anti-competitive and therefore impermissible. The person concerned has an injunction against the sender.

How do the senders get a cell phone number?

This question is easy to answer if the cell phone number is printed in public directories, such as the telephone book. But even those who give their mobile phone number to so-called free SMS services on the Internet or who receive ring tones and pictures from a commercial provider are often not immune from their number being passed on. Most of the general terms and conditions of these companies contain (highly problematic) clauses stating that the customer agrees to his data being passed on for advertising purposes. But even those who place a classified ad using their cell phone number must expect to receive unwanted text messages. Ultimately, it is also possible to use special software to generate mobile phone numbers using a random generator, to which advertising SMS is then sent - in the hope that the numbers actually hide connections.

How can you identify the sender?

This is usually difficult or impossible. If the SMS does not have a sender ID, the sender cannot be identified.

What to do if an expensive service number is pointed out?

If the SMS refers to a telephone value-added service, the person concerned has a right to information.
It is possible to use the search engine on the Federal Network Agency's homepage to find out who is behind a 0900 or 118xx number.

With a 0137 number you can at least find out which network operator has occupied the number range.

The information can be obtained by telephone from the Federal Network Agency at 0661 / 9730-290.

In the case of 0137 numbers, the claim (for example against Telekom as the network operator) for notification of the name and address of the owner of this number can be based on Section 13a Injunctive Action Act (UklaG). However, the network operator only notifies its contractual partner, who does not necessarily have to be identical to the actual service provider. The corresponding numbers are often "sublet" several times, so that in individual cases it can be difficult to inquire through the chain of providers.

If you called the service number, do you have to pay the fees?

The legislator has tightened the legislation in the telecommunications sector to protect consumers. In the meantime, almost all services have to indicate the price when applying for a number in accordance with Section 66a TKG (0900 premium services, 118xx directory inquiry services, 0137 mass traffic services, 0180 service services, 012xx voice-supported and non-voice-supported new types of services, premium SMS and speed dial numbers in mobile communications).

A price announcement is mandatory for a voice connection for premium services, for information services from 2 euros / minute and for time-independent tariffs, for 0137 numbers after using the service, for voice-supported 012xx numbers from 2 euros / minute and for time-independent tariffs and short dial numbers in mobile communications from 2 euros / minute and with a time-independent tariff.

For premium services (0900) there is a maximum price of 3 euros / minute or 30 euros for a time-independent tariff. In the case of time-dependent tariffs, the connection must be disconnected after 60 minutes at the latest.

In the case of service services (0180), the provider must observe the maximum price limit of 14 cents / minute from the landline network or 42 cents / minute from the mobile network. With time-independent tariffs, a maximum limit of 20 cents applies from the fixed network.

In the event of violations of the obligation to announce prices, the obligation to display prices, maximum price limits and disconnection, the obligation to pay according to ยง 66g TKG does not apply.

Tips

  • Anyone who receives an unwanted SMS with reference to a 0900 number or another value-added service should not call the number under any circumstances.

  • In the contract with the mobile phone provider and wherever the indication of the mobile phone number is required, read the small print and delete any clauses contained about the transfer of data for advertising use.

  • Do not publish the cell phone number in public directories and telephone books. Also be careful with classified ads!

  • In the event of violations of the obligation to display prices, the obligation to display prices, maximum price limits and disconnection, inform the Federal Network Agency using the form!
    For 0137 numbers, contact the network operator. There are opportunities to impose sanctions on dubious providers.

The Free State of Bavaria provides you with independent, science-based information on consumer protection on this website.
Unfortunately, we cannot offer individual legal information and personal advice. We are also not allowed to warn companies that behave in an anti-competitive manner ourselves.
If you have any questions about your specific situation, please contact the contact points listed under Service.