SMS Spam

ChezAnwyne

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Hi guys,

Is there anywhere in SA where one can report unsolicited SMS's. I keep on getting stupid messages from SASOL and other companies.

Chez
 
Hi Chez,

I'm not to sure about the reporting of unsolicited SMS's, however when I had this problem I phoned vodacom and they gave me the name of the company that sent me the messages. I phoned them and within 24hours I stopped getting SMS spam. It's a bit of a schlep, but worth it in the end.

Regards,

Burny
 
taken from an article penned by yours truly...

The following basic rules apply to SMS spam:

1. There must be a mechanism for recipients to unsubscribe from the spam mailing list. This could potentially be a number to SMS (we believe the sender should bear the cost but…) or a web site address which can be used to unsubscribe your number. It could even, at a stretch, be an industry site set up to regulate SMS spam (see below).

If this is not present it is a criminal offence, carrying a fine or a maximum of 12 months imprisonment.

2. If there is a way to unsubscribe and it is used, then it is an offence to send any further unsolicited SMS messages to that number. The same penalties apply.

3. The spammer has to supply the source from which the cell phone number was obtained if requested to do so. If these details are not supplied it is again a similarly punishable offence.

How do I found out who has sent the SMS spam?

This takes a little effort.

All messages will show a sender number and a message centre number. While the number may be spoofed, the message centre cannot.

Once you have this, go to www.smscode.co.za which is a web site set up by the three local network operators (Vodacom, MTN and Cell C) in conjunction with the South African Marketing Federation (MFSA). The site allows consumers to:

• First check that the SMS is a commercial SMS
• Identify the service provider from which the spam SMS was sent
• Contact that provider and ask to be unsubscribed from the relevant list – the SMS does not originate from the service provider but they will put you in touch with the relevant party
• Report unsolicited commercial SMS.

If the SMS is solicited, i.e. it has been received because you have a commercial relationship with the sender, then you will be responsible for directly contacting the sender to unsubscribe.

The SMS Code of Practice

The site also contains a SMS Code of Practice which was drafted in 2002 with the participation of industry role players. The stated objectives of the Code are to prevent unsolicited SMS messages and to promote responsible use of SMS as a marketing medium. The Code is an attempt at self-regulation as against the legislated regulation contained in the ECT Act.

The Code sets out the following rules:

1. Message originators must not send Commercial SMS unless:
1.1. the recipient has requested the SMS, OR
1.2. the recipient has a prior commercial relationship with the message originator and would reasonably expect to receive marketing communications from the originator, OR
1.3. where the originator has no prior commercial relationship with the recipient, the organisation supplying the originator with the recipient's information has the recipient's consent to do so for the purpose of SMS use.

2. Message Originators must allow Recipients to unsubscribe from Commercial SMS through:
2.1. Notifying the message originator directly, OR
2.2. Being referred by the service provider to the message originator.

3. 3. Message Originators must include their name or identifier in a Commercial SMS message.
4. 3.1. Service providers and message providers must include a valid originating number in all commercial SMS messages.
5. 3.2. Network operators must provide the originating numbers issued by them to service providers or message originators and their names and contact details to the MFSA for inclusion on the site www.smscode.co.za as part of their contractual agreement with the service provider or message originator.

The full Code is available from http://www.smscode.co.za/index.cfm?FuseAction=Pages.Home&Page=smscode.


Conclusion

When you get past the stage of grudgingly, but willingly, spending a quick 30 seconds deleting SMS spam and want to take action to free up your inbox, try the smscode site and see if the self-regulatory route works. If not, and if the itch is big enough, take a deep breath and try playing hardball with spammers through laying a charge under section 45 of the ECT Act. When enough people start doing it….
 
Thanks for the helpful info Dominic. SMS spam is becoming a big problem for me. I tried smscode.co.za and unfortunately was unable to find out any info on the sending company. Because it was an 082 number, I contacted Vodacom. Had a big fight with them because they said it was sent from the net and they could not do anything about it. I would not accept this answer. Eventually after kicking up a lot of fuss, I got their attention and a day or two later they contacted me back to say that they had contacted the company who sent the sms's and have requested they stop contacting me.

It's extremely frustrating because I only give my number out when it's absolutely essential and I never agree to be contacted by SMS.


----------------
United we stand!
----------------
 
Solidarity

Just like to add my voice. Reassuring to find that I am not the only one sick to death already of marketing SMS's and calls on my cell phone. This SMS from Mr Delivery yesterday: "Spot the new Mr Delivery Clover cars and SMS your name and the registration to ... etc etc".

Obviously, I gave my cell number in the past when making a purchase
via Mr Delivery, does this constitute a 'commercial relationship' I wonder? At no point did I 'opt in' to any marketingcampaigns, nor was I offered any opportunity to 'opt out' before receiving the SMS, nor in the SMS itself.

I must get 1 a week from various companies, and I know it's going to get worse. I was woken early one morning by junk spam from Vodacom Direct. I'm not giving my cell number out anymore, but anyway, SMS spam is illegal.

Register a complaint on www.smscode.co.za if you feel as strongly as I do. Spam killed email, the same is going to happen to cell phones unless we nip it in the bud...
 
Thanks for the helpful info Dominic. SMS spam is becoming a big problem for me. I tried smscode.co.za and unfortunately was unable to find out any info on the sending company. Because it was an 082 number, I contacted Vodacom. Had a big fight with them because they said it was sent from the net and they could not do anything about it. I would not accept this answer. Eventually after kicking up a lot of fuss, I got their attention and a day or two later they contacted me back to say that they had contacted the company who sent the sms's and have requested they stop contacting me.

It's extremely frustrating because I only give my number out when it's absolutely essential and I never agree to be contacted by SMS.


----------------
United we stand!
----------------
Interesting story.
What was the originating number. Was it one of those extra long numbers??
 
Interesting story.
What was the originating number. Was it one of those extra long numbers??

If I remember correctly it was a long number - wasn't an 082 number. But I don't remember the exact details as this happened 2 1/2 years ago - check the date of the thread :)
 
Just like to add my voice. Reassuring to find that I am not the only one sick to death already of marketing SMS's and calls on my cell phone. This SMS from Mr Delivery yesterday: "Spot the new Mr Delivery Clover cars and SMS your name and the registration to ... etc etc".

Obviously, I gave my cell number in the past when making a purchase
via Mr Delivery, does this constitute a 'commercial relationship' I wonder? At no point did I 'opt in' to any marketingcampaigns, nor was I offered any opportunity to 'opt out' before receiving the SMS, nor in the SMS itself.

I must get 1 a week from various companies, and I know it's going to get worse. I was woken early one morning by junk spam from Vodacom Direct. I'm not giving my cell number out anymore, but anyway, SMS spam is illegal.

Register a complaint on www.smscode.co.za if you feel as strongly as I do. Spam killed email, the same is going to happen to cell phones unless we nip it in the bud...



> one of the limitations of the WASPA process --
> we don't have jurisdiction over non-members, so there is no direct
> action that WASPA can take against Mr Delivery.
>
> However, the section 13.5 notice that was issued to WASPA's members
> essentially makes it impossible for Mr Delivery to do business with
> any of them, which is the strongest action an adjudicator can take
> against a non-member. (It's also only the fifth such notice that
> WASPA has ever issued, and a sign that the adjudicator viewed Mr
> Delivery's activities in a very serious light.)
>
> Thanks again for making use of the WASPA complaints process.
>
> Warm regards,
> Ant Brooks
> Head: WASPA Complaints
 
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