Sending text messages to phone numbers of owners who have not opted-in to your SMS campaign is an illegal practice. It is a violation of federal law under the TCPA, and it can result in costly lawsuits. Consumers can sue you for sending them unsolicited messages, and they can claim between $500 and $1,500 for every unwanted text message that you have send to them.

One key criterion for provisioning is that the consumer opts into the service. The mobile operators demand a double opt in from the consumer and the ability for the consumer to opt out of the service at any time by sending the word STOP via SMS. These guidelines are established in the CTIA Playbook and the MMA Consumer Best Practices Guidelines[17] which are followed by all mobile marketers in the United States. In Canada, opt in will be mandatory once the Fighting Internet and Wireless Spam Act comes in force in mid-2012.
In Europe the first cross-carrier SMS shortcode campaign was run by Txtbomb in 2001 for an Island Records release, In North America it was the Labatt Brewing Company in 2002. Over the past few years mobile short codes have been increasingly popular as a new channel to communicate to the mobile consumer. Brands have begun to treat the mobile short code as a mobile domain name allowing the consumer to text message the brand at an event, in store and off any traditional media.

This question exists for many. First, NEVER EVER purchase a list of mobile numbers. (SMS/MMS) marketing is permission based, and ultimately you want a list of customers numbers who are genuinely interested in your product or service and are happy to receive your text message and are likely to buy your goods and service. Remember, you can turn customers off and possibly upset a lot of your potential customers when sending text messages on their mobile devices without their consent.
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