Mobile Banking : after U.S. District Court Judge, Donovan Frank Decision

Mobile Banking Becomes Ever More Popular

While mobile banking is no longer in the early phases, banks are adding more and more mobile services to their mobile banking offerings. Some SMS software services allow customers to do far more than simple balance inquiries and quick transfers - in fact, some banks now allow customers to pay bills through text messaging service and get balance and register transactions through SMS.

With mobile phones becoming more ubiquitous than personal computers, bank branches that move ahead of PC SMS and implement mobile banking services can do far more to help consumers manage their banking needs right from their mobile devices. The strong desire from consumers to have more access to their banking services is driving banks to improve user experiences with web and mobile services.

To promote their mobile services, banks are using a multi-channel approach that includes promotions on their ATM receipts and bank statements. Many banks are also promoting SMS from Computer terminals inside the banks and through the ATM advertising that displays while consumers complete their transactions.

Issues such as consumer account security and fraud protection are being carefully considered as banks implement encrypted text messages which lets them make more banking transactions available through SMS services. Banks who managing this change well and implement services that allow consumers greater access will transition potential consumers into true customers.



SMS Does Not Qualify as Spam According to U.S. Court

In a move that's sure to keep SMS Gateway marketers happy, a U.S. District Court Judge, Donovan Frank, recently ruled that SMS messages are not qualified as Spam because they do not translate into economic loss for the recipient. The lawsuit, filed by Brenda Czech of Stearns County in Minnesota, alleged that a financial information company, Wall Street on Demand, violated federal law while sending multiple messages from an SMS gateway providerto her mobile device. Wall Street on Demand indicates in their marketing material that they deliver over 7 million alerts each week through their SMS Gateway Software. Czeck claimed the messages were unauthorized and consumed wireless bandwidth while reducing her mobile device's available memory.

While the court didn't disagree that unwanted text messages are an annoyance, the receipt of those messages may not establish a civil action under the Computer Fraud and Abuse Act. Czech claimed she began receiving the unwanted text messages from Wall Street on Demand in 2006 after signing up for a new phone plan with Sprint wireless. The judge found that Czech did not reference specific financial charges incurred as a result of the unwanted messages. Instead, Czech argued that the cumulative impact of the messages warranted only the potential for overages on her mobile phone plan.

Of course, the message for marketers interested in getting started with sending messages through an SMS API gateway is clear: work very hard to ensure that recipients desire the messages you are sending and give your audience a way to opt out. In most cases, current studies are indicating that mobile device users want to receive timely messages to their mobile devices and so marketing via SMS gateway is still a viable and useful method of communication.
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