Everyone knows that text messaging is the #1 way that people communicate and it's easy to understand why since text messaging is so simple. While it sounds enticing to get a text message campaign started, it's extremely important to make sure that your doing it correctly for two reasons.

First and foremost, thou want to create a quality experience for the consumer so that they will desire to continue business with you for years to come. Second, and equally important, you want to make sure that you're protected from any unintended legal repercussion so it's crucial that you follow all FCC rules and regulations.

During a meeting with a potential client this week, one of my Area Directors was to by her dealer: "We just had a 20 group meeting and the Speaker said to stay away from text messaging because Lithia had to pay $2.5 Million Dollars because of texting. "

While I wasn’t personally involved in the Lithia Motors Situation, and I don’t know that particular speaker’s level of ‘expertise’ in anything let me at least clear something simple up:

There has never been a dealership that has had to  pay a settlement ‘because of texting’.

That’s as ridiculous as saying people have auto accidents because of cars so we should all walk.

You get in trouble with the law if you, or the company you partner with, doesn’t follow the rules whether intentional, due to lack of knowledge, or technical error. It’s that simple.

Texting is not only a GREAT way to reach customers, it’s the number one way that people communicate and some of the largest companies in the world utilize text messaging as a tool to connect with consumers. Which companies are using Text (SMS) to market to consumers? Honda, Harley Davidson, Nissan, McDonalds, Sprint, ESPN, Applebees, AT&T, EA Sports, Verizon, Papa Johns, and the Army National Guard just to name a few.

Unfortunately there are too many consultants and speakers who are freely passing out 'expert' advice in areas where they are truly ignorant.

Since I have been in the automotive industry for 19 years; and I own a company that provides SMS services for Automotive Dealers, I want to share some quick tips that will keep my dealer friends from getting into legal issues and to help remove unnecessary fears that could prevent you from missing out on an awesome advertising tool due to misinformation.

At the end of this post I will also provide links to FCC rules as well as links to best practices from the MMA (mobile marketing association) and Automotive Case Studies.

FACT #1: You can generate leads via text LEGALLY and without all of the disclaimers as long as you will NOT be saving their phone number for the purposes of text message marketing. How does that work? When working with any reputable SMS Marketing organization you will be provided with different actions that take place when consumers text in to your keyword/shortcode combination.

You will have the option to do a number of things such as:

Respond to the customer only. - This option doesn’t require any further instructions because you will not be adding the customer to any marketing list nor will you be receiving their contact information. Typically this method is used if you’re offering a coupon but have no intention of contacting the consumer to make sure they received your text coupon.

Respond to customer (with specific message of your choosing) Forward mobile number without adding to list - This option doesn’t require an opt-out because you will not be storing their number in the system. It is a best practice to notify them if you will be contacting them about the response message.

Respond to customer (with specific message of your choosing) Forward mobile number and add to marketing list - Use this option to offer the customer incentives or notify them when they’ve joined your special marketing list, VIP Service Club, etc., This requires offering an opt-out, help info and text & data rate notification.

FACT #2: Getting permission is easier than you think and doesn't require a printed signed document.

So how do you get permission to communicate with consumers? Make sure your program is 100% opt-in and NEVER EVER BUY A LIST OF MOBILE NUMBERS TO MARKET TO!

What does “opting-in” really look like? It’s as simple as asking them to send a text to your shortcode. By texting your specific keyword to your specific shortcode a customer is doing business with you. Once they opt-in, you have to give them certain things in order to market to them in the future.

Text isn’t the same as email and the regulations are different. If a consumer texts in to your advertisement, or a marketing promotion, you have to provide them with a few simple things: 1. A way to opt-out easily. For example - Reply STOP to opt-out. 2. A way to get help. For example - Reply HELP for help 3. Notification that Text & Data Rates may apply. 4. Something that identifies your company or program so they know who the message is coming from ( This could be your website, company name, etc.) Here is a simple example: Text DEAL to 59769 (Note: Try it from your mbile phone. You’ll see that it is going to reply with a message and opt you in to my mobile marketing.  It it also gives you further instructions to reply for more info. All you have to do is REPLY STOP and you’ll be opted-out immediately from ANY further communication from 59769, unless you text in again).

FACT #3: When a customer texts in to your Keyword and Shortcode it does not give your salesperson the right to text them back using the salesperson’s personal cell phone. A consumer opts-in to a specific program, not an ongoing text message conversation with a salesperson who may text them over and over trying to pull in that last deal of the month.

FACT #4: If your Internet Manager is putting their mobile number in your ad saying “text Mat at 269-555-1212 for more information on our vehicles” you are officially at risk of a lawsuit because there is no proper way to opt-out. I know that it seems like a good idea because of how quickly and easily people can communicate back and forth but there isn’t a way to opt-out for the consumer so this is a bad idea on every front. Quality companies provide you a way to have an ongoing dialogue with the consumer using their back end tool so it can function just like a chat dialogue.

FACT #5: If you’re not using SMS (Text) to market to consumers, you’re missing out on a ton of opportunity. As Ralph Waldo Emerson said: “To be simple is to be great.” People like to text for the same reason that they like to use Twitter: it’s fast and it’s easy!

Major companies like to text because it’s fast and easy AND IT’S AFFORDABLE!

SMS (Text) Marketing can be the best advertising tool that you’ve ever used if you pay attention to some simple rules: - opt-in only - opt-out instructions - quality partner I hope that this helps shed some light on the fears that some dealers have been facing. If you have specific questions that go beyond this short post, have a look at the links below or feel free to contact me directly by Texting MAT to 59769 and I’ll call you personally :-)

Helping the best get better, Mat Koenig CEO & Founder KonigCo www.konig.co P 615-392-0289 E mat@konig.co Helpful Links: FCC Guide to understanding SPAM and Consumer Protection http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email How to protect yourself from sending Email Spam http://www.onguardonline.gov/articles/0038-spam Automotive Digital Marketing post by Ketty Colom on 5.7.2012 http://www.automotivedigitalmarketing.com/profiles/blogs/how-avoid-... Mobile Marketing Association Automotive Case Studies http://www.mmaglobal.com/resources/content_category/study/9/326 Mobile Marketing Association Best Practices http://www.mmaglobal.com/bestpractice Mobile Marketing Association Guide to Consumer Satisfaction http://www.mmaglobal.com/consumer