Sending marketing texts without consent

Hello there. I am happy to help you look into this.

The short answer is usually no, but there is an important exception that might apply if these people are already your customers.

The rules on text message marketing in England and Wales are regulated by the Information Commissioners Office, and they apply strictly to protect people from spam.

The general rule:

Normally, you must have someone's clear, explicit consent before you can send them a marketing text message. This usually means they must have actively ticked a box or signed up to receive offers from you.

The soft opt-in exception:

If these people are already your customers, you might be able to rely on a useful rule known as the soft opt-in. This allows you to text them without their explicit consent, but only if you meet all four of these strict conditions:

1. You collected their mobile number directly from them during a sale, or during negotiations for a sale, of a product or service.
2. You are only texting them offers about your own similar products or services.
3. You gave them a clear and simple opportunity to opt out or say no to text marketing when you first collected their number.
4. You give them a simple way to opt out in every single text message you send, for example by ending the text with Reply STOP.

If you miss even one of these four conditions, you cannot use the soft opt-in and you will need their explicit consent instead.

A quick note on business customers:

If you are texting corporate business phones, such as numbers belonging to limited companies, the rules are slightly more relaxed and you do not legally need prior consent. However, sole traders and standard business partnerships are treated exactly the same as individual consumers, meaning the strict consent or soft opt-in rules above still apply to them.

Practical next steps:

1. Check how you got the numbers. Look at your sales process. Did you give these customers a chance to opt out of marketing when they bought from you? If not, you cannot safely text them offers now.
2. Review your mailing list. Make sure you regularly clean your list to remove anyone who has previously asked not to be contacted.
3. Set up an automated opt-out. If you are going ahead under the soft opt-in, make sure your text messaging system will automatically recognise and act on replies like STOP so that you do not accidentally message people who have opted out.
4. Read the guidance. The Information Commissioners Office website has excellent, plain-English guides on direct marketing to help businesses stay on the right side of the rules.

Getting this wrong can result in complaints and investigations by the regulator, so it is always safer to double-check your customer collection forms before pressing send on a bulk text campaign.