In honor of SMS’s 20^th anniversary late last year and the MMA CBP’s 7^th edition we would like to provide you with some key information about mobile marketing compliance.

Regulatory background

Since the passing of the US CAN-SPAM Act of 2003, it has been widely believed that commercial SMS and MMS messages were subject to the same opt-out consent and unsubscribe requirements as commercial email. While the CAN-SPAM Act of 2003 authorizes the Federal Communications Commission (FCC) to consider mobile messages when developing guidelines, the FCC has taken the position that text messages sent by automated broadcast systems are ‘automated calls’ and are therefore best covered under the Telephone Consumer Protection Act (TCPA) of 1991. Under the original Act, implied consent through a pre-existing business relationship and not opt-in consent was the standard for commercial telephonic communications and robo-calls.

On February 15, 2012 the FCC amended the TCPA to remove any ambiguity surrounding consent requirements for SMS, making it mandatory for businesses to receive “prior express written consent” before auto-dialing or texting consumers.

Industry self-regulation background

In 2003 the MMA published its first set of ethical guidelines for mobile marketers. Now a global-facing document, the MMA Code of Conduct can be distilled into the following privacy principles:

1. Adequate notice.Whenever requesting a mobile phone number marketers should inform consumers that they will be receiving SMS messages from a concrete shortcode-based program.
2. Opt-in consent. Regardless of offline, online or handset-originating acquisition, consumers may not be automatically enrolled into an SMS program. Consumers must first give their express (opt-in) consent by knowingly volunteering their mobile number or using a handset-originating command to join the program. Submissions through online forms require a double opt-in.
3. Opting out. Users should also know the ways to opt-out of a program, how to get help from their handset and where to reference terms and conditions, as well as the fact that message and data rates may apply when participating in an SMS program.

While advocated, the Code was not enforced and there were no concrete rules it’s practical application. The shift to robust self-regulation came in 2007 when the Florida Attorney General’s Cybercrime Taskforce aggressively pursued affiliate networks and mobile carriers who enabled the proliferation of deceptive premium-rated mobile programs.[1] The AG’s actions resulted in a number of key settlements, the terms of which became the backbone of the MMA CBP and carrier-specific monitoring and enforcement playbooks. This self-regulatory schema has evolved steadily over the past 7 years and is currently administered by the custodians of US shortcodes, the CTIA. In 2012 the CTIA, in collaboration with wireless carriers and industry auditors, developed a consolidated Common Shortcode Monitoring Compliance Playbook for SMS marketers.

Regulatory win for consumer best practices

The FCC’s amendments to the TCPA resulted in unintended consequences for MMA-compliant senders who were subjected to threats of civil suits for alleged violations under the Act.[2] On November 30, the FCC clarified that MMA-prescribed confirmation messages were not in violation of the TCPA. According to FCC Commissioner Ajit Pai, “Hopefully, by making clear that the Act does not prohibit confirmation texts, we will end the litigation that has punished some companies for doing the right thing, as well as the threat of litigation that has deterred others from adopting a sound marketing practice.”

And while not an explicit endorsement, the FCC Commissioner’s comments in support of “sound marketing practices” should not be overlooked. Some marketers have already dealt with the consequences of breaking these rules by way of CTIA audits, program short codes being de-provisioned and private legal actions from consumers.[3] With the TCPA updated to better reflect the state of privacy and practice in the industry today, rogue senders now have more reasons to worry.

Michael Puffer, one of our mobile marketing experts at Experian Marketing Services, suggests you ask yourself the following questions when reviewing your mobile program: (HINT – If the answer is no, it might be time to take another look)

Regardless of age, texting is still, technically, the second most common activity that Americans engage in on their cell phone after talking. During a typical week, 95% of mobile adults talk on their mobile phone, while 59% text. Among adults ages 18-to-24, however, 89% talk on their phone and 85% text. Despite the increasing availability of mobile chat or instant message applications, texting remains the dominant means for exchanging short messages. Only 8% of all mobile adults use their phone to IM or chat.

The fastest thumbs

To get a more in-depth understanding of the texting habits of adults today, we leveraged data from the Simmons Connect mobile panel of 1,485 U.S. smartphone owners. Hands down, young adults text more than any age other age group. During a typical month, in fact, smartphone-owners ages 18-to-24 send 2,022 mobile text messages and receive another 1,831 for a combined total of 3,852 texts sent and received. With every age bracket we move up, the number of mobile texts drops by roughly 40%. For instance, smartphone owners ages 25-to-34 send, on average, 1,110 text messages a month and receive another 1,130 for a combined total of 2,240 messages.

We are also able to leverage the Simmons Connect smartphone panel to understand mobile calling behaviors. The data shows that while young adults hold the record for the most text messages sent and received, they actually make and receive few calls, by comparison. During a typical month, smartphone owners ages 18-to-24 make 119 calls on their mobile phone and answer another 64 calls. Adults ages 35-to-44 make and receive the most calls on their mobile phones in a given month. (Call counts do not include inbound and outbound calls that go unanswered.)

Text around the clock

Unlike television and radio, which have peak hours for reaching consumers, mobile text messages reach Americans throughout the day, providing advertisers with a medium to connect with consumers any time they want or need.

No surprise, young adults are the most likely to send and receive mobile text messages throughout the day. The smartphone panel data shows that during every hour between 8:00 A.M. and midnight, more than half of young smartphone owners are both sending and receiving mobile text messages. Even when most of us are asleep, young adults’ smartphones continue buzzing from inbound texts. In fact, 37% of 18-to-24 year-old smartphone owners receive texts at 4:00 in the morning. By comparison, just 20% of smartphone-owners ages 25-to-34 years-old receive texts at this late (or early) hour as do 17% of those 35-to-44, 15% of those 45-to-54 and 10% of those ages 55 and older.

Better to send or to receive?

During overnight hours, the share of young smartphone owners who send texts surpasses the share who receives them. However, by 8:00 A.M., the difference between those two figures narrows to the point that they are nearly equal. In fact, from noon until 11:00 P.M., young adults are more likely to send mobile text messages than they are to receive them.

Call or text?

While texting is still a secondary use of mobile phones after calling, that’s not the case all day, especially among young adults. In fact, while smartphone owners ages 18-to-24 are more likely to make an outbound call than they are to send a text from their phone between 7:00 A.M. and 10:00 P.M., they are more likely to send a text between 11:00 P.M. and 6:00 A.M., during hours when they might understandably wake the recipient. That should help us all sleep a little better.

• Details on consumer confidence going into this holiday season, and how marketers can leverage multi-channel marketing to better reach consumers
• Insights on traffic data for online retailers, including the most popular categories and products
• What our data is showing regarding mobile usage and the impact mobile shopping is having on this holiday season

For more holiday season insights, download The 2012 holiday marketing checklist and see what worked for marketers last year and what they planned for this holiday.

Mobile…it’s a game changer

Consumers leverage mobile applications to comparison shop, click-to-call, update their social network, consume various types of content, play games and many other activities. Consumers are also opting-in with a greater degree of comfort than before to receive instantaneous information and compelling offers on their mobile devices. Mobile, as a channel, is now a leading barometer for gauging consumer sentiment, assessing attitudes about products and services and understanding buying behaviors. In a recent Ad Age article, Conde Nast and Gawker Media both reported that visits from mobile have more than doubled in the past year. Similarly, earlier this year eBay/PayPal CEO, John Donahoe, projected that eBay would reach $8 billion in mobile gross merchandise volume (GMV)  in 2012, and PayPal will reach $7 billion in transactions in 2012.

Consider how mobile engagement and the data evolution changed the recent U.S. Presidential election. In 2008, social networking was the ‘flavor du jour’ and Facebook and Twitter usage soared as both the Democrat and Republican parties used these sites effectively to communicate with voters. While parties in that election used consumer data to make messaging more timely and effective, this time both parties developed bespoke mobile applications with interactive features, including social, where consumers could push information back to the senders which was then used to continually fine tune, reinforce and redirect messages. Pew Research recently reported 27% of registered voters who own a cell phone have used their phone in this election campaign to keep up with news related to the election itself or to political issues in general.

Five questions every marketer should consider about mobile data

In this mobile-first world, marketers and brands need simple and seamless ways to measure, understand and analyze consumer activity on mobile. As mobile advertising, both search and display have hit a tipping point. Much like the online world, ad networks, ad exchanges and other ad serving companies have tried to establish a gradient for measuring consumer activity and developing new and innovative ways to reach consumers. However, with the emergence of social on mobile, mobile commerce and m-payments, there is an added level of complexity that gets introduced into the mix. To date, there has not been a way to measure and connect ‘true’ consumer activity across website, mobile browser, mobile messaging (email, SMS, MMS) and application usage. As mobile usage continues to grow at unprecedented rates, so does the divergence in what constitutes the right standard for mobile activity measurement. I believe every marketer should be considering the following questions:

1. What does mobile data means for your business? Outline the right metrics for what constitutes consumer engagement in the context of your business.
2. How will changes in the marketplace change the metrics and associated data that matter to you? Consumer usage on mobile is evolving at an extremely rapid pace and it is imperative to keep up with how consumers are re-aligning their engagement via this medium.
3. Is there a data and analytics lead for the business? Having a dedicated person or team who are contextualizing the data for your business is important to drive the right focus.
4. Do you have the same general data metrics in place as your partners and vendors? This drives a common set of measures for everyone to drive their business.
5. Are you trying to over engineer your mobile data metrics? There is nothing known as perfect data and it is important to focus on the right methods and approach versus perfect data.

With answers to above questions in hand, you’ll be able to identify the relevant sources of mobile data that can make a positive impact on your business. Always practice continual examination of your data and data resources. Don’t be a slave to your data! Make data work for you and help guide you to smarter decision making.

Email marketing, paid search marketing and online display advertising were the three most successful tactics of the 2011 holiday season, as reported by those who used them. Fifty-four percent, 49% and 35% respectively, reported extremely or very successful campaigns.

Based on these successes it makes sense that when we look at investment, email marketing leads the pack with 96% of marketers planning to invest this year. Paid search marketing and online display advertising also show increased adoption rates for the upcoming holiday.

What a difference a year makes for Pinterest boards. Despite the lowest success rates last year, they are the biggest mover in our survey. Thirty percent reported using the emerging channel last year and 71% plan to use it in 2012. This isn’t surprising, since at the end of last year Pinterest emerged as the third most visited social networking site behind Facebook and Twitter. Marketers see the value of this traffic and want to put the site to work for them this holiday. They’ve also had a year to test what’s working and what’s not, so hopefully they’ll see higher success rates next year.

Other tactics on the move: mobile. More marketers in our survey reported that they will adopt mobile-related marketing tactics this holiday season. Last year 57% of marketers used mobile-optimized Websites, 50% used mobile advertising and 49% used mobile/tablet apps. This year adoption rates for those tactics are expected to be 80-83%. Rounding out the top five biggest movers this holiday is another mobile tactic, SMS text marketing. Thirty-seven percent used it in 2011 and 60% plan to in 2012. This is a smart move for digitally-savvy marketers because 23% of smartphone owners send a text message to a business or organization for more information in a given month – it’s the number one mobile shopping activity reported by consumers.

We hope this data gives you some ideas for the investments and campaigns you’re running this holiday season and beyond. For more tips watch our holiday webcast featuring marketing insights you can use right away. And be sure to keep your eye on this blog, where throughout the season we’re releasing holiday data as we get it.

• These new ads are a great way for companies who have apps to promote them to a wider base and do it in the Newsfeed on mobile which has proven very effective – this isn’t just for game developers, it can be for any company that has an app they would like to promote
• The ads are “social” and include info on how many of a user’s friends have installed the app, as well as the rating of the app
• ‘Install Now’ link directs to app store page with one-click install button
• App developers who have struggled with adoption and/or monetization now have a great way to promote their apps on mobile devices where the apps are being installed

Why is mobile advertising so important on Facebook? Let’s review the stats:

-    Conversion rates are up to 3x higher on mobile vs desktop ads

-    CPCs (cost per click) ~50% lower for mobile ads vs desktop

-    CPFs (cost per fan) up to 6x lower on mobile vs desktop

-    Initial results for Mobile App Install Ads have been impressive

Worried that Newsfeeds will now be cluttered with these ads? With Facebook’s massive reach, inventory constraints have not been a problem. Thus far, Facebook has proven to take all measures necessary to protect the user experience while finding new ways to monetize their products and help the greater ecosystem at the same time.

Alchemy Social, a part of Experian Marketing Services, launched this product in our Ad Manager tool the day it was announced publicly by Facebook. Contact us at info@alchemysocial.com with any questions about Facebook’s mobile ads.

Experian Marketing Services will be presenting marketing solutions and techniques to attendees at several sessions along with some of our leading client brands. Here’s a rundown:

• What Do Users Want From Mobile Commerce Sites?With the increasing penetration of smart phones providing the ability to grab consumers on the go, getting your mobile commerce site right can pay huge dividends. A panel of leading brands including HauteLook, Econsultancy and Experian Marketing Services will discuss an array of successful m-commerce strategies, tactics and best practices.
  Alok Kapur, vice president, Global Head of Mobile, Experian Marketing Services
  Monday, October 15, 11:15 am
• Supercharging Your Energy – How Duke Energy Changed How We View PowerLearn how Duke Energy put the customer at the center of their strategy and created programs to help them spend less on energy. Specific examples will be shared to illustrate how Duke Energy and Experian Marketing Services partnered to drive customer value, loyalty and customer satisfaction, leading to a growth in overall company revenues while encouraging people to spend less on energy.
  Rick Erwin, President, Data and Analytics Division, Experian Marketing Services
  Joe Cunningham, Manager, Market and Customer Insights, Duke Energy
  Tuesday, October 16, 2:00 pm
• Segmentation as a Strategy – Internally and Externally, a Zappos Case StudyZappos, known for its customer service obsession, relies on customer segmentation data which is used in all areas of the company, including operations, product management, merchandising and marketing. This case study will illustrate how strategies are developed, and how the entire company aligns to achieve actions and results.
  Rick Erwin, President, Data and Analytics Division, Experian Marketing Services
  Amara Silao, Senior Director, Retail Operations and Product Management, Zappos
  Dinesh Gaur, Analytics Manager, Zappos
  Chris Peake, Director, Product Management Customer Experience & Data, Zappos
  Lisa Archambault, Display Marketing Manager, Zappos
  Wednesday, October 17, 10:00 am
• Database Marketing Certification – Attaining Marketing Database ROI
  This session brings together data and technology experts to describe how best-in-class solutions within an integrated data management platform support data flow and customer intelligence delivery for more effective customer engagement across all channels.
  Marcus Tewksbury, Experian Marketing Services
  Paul Manderville, Experian Marketing Services’ Conversen
  Wednesday, October 17, 1:00 pm

If you’re at the show and would like to learn more, please stop by Experian’s Booth 815 or visit the DMA event agenda.

Every brand has an opportunity to drive revenue and engagement through mobile marketing, but what sets some programs far above the rest? Here are 3 key considerations to keep in mind when planning and executing a successful mobile strategy.

Find the value in mobile for your specific customer base

• Many brands assume the “if you build it they will come” mentality in mobile. Simply having a mobile website, SMS program or app does not mean your customer will find it valuable. Don’t lose sight of the customer’s goal when defining your mobile strategy.
• Consider the fact that mobile itself is not a channel. SMS, apps, the mobile web, even QR codes are the channels. Each presents unique advantages so take time to find the appropriate use for the technologies you are leveraging.
• Identify the ways mobile can help your customers. Are they looking to find your store on the go? Are they trying to find information about a product? Are they looking for an easier way to receive/redeem offers? Find out how you can use mobile to help, and then chose the appropriate channel(s) that provide the right solution.

Ensure you are tracking customer’s mobile behavior regardless of channel

• Don’t silo your SMS subscribers. Associate mobile numbers with other unique identifiers to gather a larger profile on each user. Take every measure available to collect CRM and preference data about your mobile subscribers, but don’t sacrifice ease of use for data.
• Keep close watch on SMS opt-ins and opt-outs on a daily basis, especially during and shortly after outbound messaging. This will help provide insight into the message types and offers that cause higher opt-out rates.
  Though tracking mobile engagement presents new challenges, there are ways to get insight into click metrics and user behavior. Using a link shortening service that provides click analytics on shortened links can be a great way to determine click through rates per deployment.
• Leverage campaign specific coupon codes, or better yet, barcoded coupons to track engagement and mobile transactions back to individual users or campaigns.
• Track mobile web analytics to understand things like unique visitors, device models and carrier, user’s location, and transactions. Understand how users are reaching the site. Is it mobile search, display ads, SMS messaging or other methods?
• Monitor your app downloads, but more importantly the usage. Are users continuing to use the application, or did they download it, put it in a folder and forget about it? Consider the reasons users have to return. What do they get out of using your app?

Refine and evolve your efforts

• To reiterate, it’s not enough to just have mobile programs in place. It’s critical to monitor customer’s behavior and responsiveness in each channel.
• If your SMS database is growing slowly, take time to figure out why. Is the program being advertised adequately? Are signup forms hard to find? Is there an incentive for joining and are customers finding value in the messaging?
• Your mobile website and apps require iterations. Metrics and analytics should be reviewed often to determine what’s working and what isn’t. Be sure to note what works for your app may not work for your mobile site and vice versa. Mobile users often utilize these for different functions.
• It’s important to understand that as mobile technology, strategy, and adoption progresses, so does the device’s influence over decisions, buying habits and brand reputation. This means that all of your mobile initiatives need to be fluid, strategic, and valuable.

For more information on getting started with mobile, visit Experian CheetahMail and download our Go Mobile guide.

While digital channels (i.e., email, mobile, social, search and display ads) naturally enable the sharing of customer information in order to facilitate a transaction, brick and mortar stores generally capture less information during a sale. Capture rates also vary wildly by retail vertical, from boutique to big box. Even within the same retail segments, techniques and strategies can differ greatly across companies. Legislative challenges and the increased skepticism among customers regarding sharing their contact information have made it harder to understand customer identity, which is central to multi-channel marketing programs.

With these expanded challenges, it may be tempting to consider walking away from even attempting customer identification techniques in-store. At the same time, consumers are demanding more relevant and targeted communications in all channels, so making the effort is worth it.

The good news is that technological advancements in customer linkage have made it easier to combine the customer information that you may already have across channels to resolve a customer’s identity. Even if you don’t ask or capture full customer information at the in-store point of purchase, any pieces of information that the customer willingly offers may be useful in understanding and linking them to your customer database. Your customer information is what enables targeted and relevant communications, so every little bit that you capture helps.

For example, if a customer opts into your mobile program for text message incentives, that contact information can be linked to the data the customer provided to you from a website purchase. Cross-channel identity resolution techniques then help bridge the offline and online worlds to understand that customer. Once you have completed the linkage of your own data, reputable data partners can help you to fill in any information gaps. The added benefit of working with an external data expert lies with compliance. The compliance rules surrounding proper use of personally identifiable information are complex and the risk of misuse can be detrimental to a business and a brand.

When people think of customer linkage, they often think in terms of digital channels. Remember, that linkage can cross over into other retail channels as well. What this means is that any information customers willingly provide in the retail store can be used to link them to your digital customer information enabling a consistent customer view across all channels – and the ability to communicate with that customer and provide the relevant and targeted communications they expect.

As noted above, to be successful, marketers must become more and more sophisticated in terms of their marketing capabilities. Understanding how a customer interacts with your brand in only one channel just isn’t good enough for most retailers these days. Retailers must become more effective in personally interacting with their customers via cross-channel optimization and linking all disparate data is essential to enable that level of marketing sophistication.

With more products and services competing for the consumer dollar every day, effective digital copywriting carries a higher premium than ever before. Email marketing, the Internet, social media and mobile devices make it easy for consumers to find virtually anything, anywhere, at anytime. You, as a world-class marketer, need to make sure today’s heavily connected consumers can easily find your products or services. That’s why your message has to resonate.

Why invest in quality email copywriting?

Why hire a pro or spend time writing something that may only be looked at for a matter of seconds? Well, that’s just it—the copy must stand out to have impact. What’s more, there are different varieties of digital messaging and different parts to any digital message, and each one has unique strategies to consider.

At Experian CheetahMail, we employ a full staff of copywriters that help our clients deliver effective, eye-catching digital copy. Here are some copywriting tips from our experts:

• Subject LinesThe first impression you make is with the all-important subject line. Aim for short and sweet; keep the line under 50 characters, so it’s not cut off by the email client. If there is a chance of cut off, put the meat of the message up front, such as prices, dates or promotions. Keep in mind that using symbols in subject lines is becoming a popular trend, but make sure the symbols enhance the theme of the message.
• PreheadersIn most email clients, the preheader is shown right next to the subject line in the viewer’s inbox. This introduces the content of the email in a quick one-line snippet, to hopefully capture the viewer’s interest. Furthermore, if images aren’t turned on, the preheader will still appear, acting as an excerpt of what the email is about.
• HeadlinesSome things never change in advertising, no matter how much technology develops. Rule of thumb is that a headline should grab the reader’s attention as quickly as possible. While a picture is worth a thousand words, so is an effective five-word headline. Whether it’s clever, to the point, or both, your headline should be memorable.
• Above-the-Fold and Calls To Action (CTAs)Where should your critical copy go? Make sure it resides “above the fold.” Essential messaging should appear in the 400-450 pixel top section of the email, also known as the preview pane. This is what greets viewers upon opening a message, and it should include a clearly defined, enticing call to action that allows viewers to easily click through or swipe on a mobile device for more information. The “above the fold” rule is especially important when considering the limited email view on most mobile devices.
• Body CopyIn most segments of digital marketing, brevity is key. Keep copy crisp and to a minimum for emails; they’re not websites, so a viewer is not looking to scroll through content. Online newsletters can afford to feature more content, since they are often aimed at certain subscribers. Landing pages and websites can of course take content even further. No matter what the length, be sure your copy is well-written; poor content reflects badly on a company and will turn customers off.
• SMS Message CopyMobile marketing through SMS continues to grow as a primary communication tool between brands and their customers. Therefore, it is becoming increasingly important to leverage expert copywriting and deliver the right message. You want to ensure you’re making the most of the 160 character space and remaining compliant with industry guidelines. Remember, a well-crafted message and call to action can mean the difference between a message being overlooked and a message being acted on.
• Disclaimers & Legal Copy“Read the fine print.” You hear it all the time, and perhaps you wonder how many people actually do it. Well, there are enough who do (especially if they have a concern about the deal they’ve been offered or a transaction they’ve made), so disclaimer and legal copy must be on the mark. At CheetahMail, our expert staff of writers has the experience to properly handle this copy and yes—we read every word of it.
• Proofreading & Quality AssuranceAttention to detail is of the highest importance. The best creative loses its effect if there’s a glaring error or if a link doesn’t work. Even if you provide your own copy, make sure it’s properly proofread to eradicate typos, grammatical errors and inaccuracies. The creative should also go through a rigid QA process to ensure links work and that any information provided is up-to-date. Remember, copy reflects the products or services a company advertises as well as the company itself.
• TestingAs much as copywriting is an art, it’s a science as well. It’s important to understand what works and what doesn’t work for your specific audience. The best way to accomplish this is by testing your copy.

As always, at Experian CheetahMail, our copywriting team is available to help our clients deliver the most compelling and effective copy. We can provide copywriting trends and insight, help develop clever copy and copy testing strategies, as well as analyze and interpret testing results.

If you think your email or mobile marketing campaigns could use an extra boost in copywriting please contact us.