Following up enquiries by SMS, WhatsApp and email with consent

When someone sends an enquiry, they are expecting to hear back. A prompt, helpful reply is one of the simplest ways to turn interest into a conversation. But how you follow up, and whether you continue messaging afterwards, also has to respect the person’s permission and the rules in their country.

This article is general information, not legal advice. Messaging rules differ by country and change over time, so check the requirements that apply to your business.

Reply promptly, on the right channel

Reply using the channel the person chose, or one they gave you permission to use. If they filled in a form with an email address, reply by email. If they asked to be contacted on WhatsApp, use WhatsApp. Responding to an enquiry is generally treated differently from sending unsolicited marketing.

Understand consent

Many countries require consent before sending marketing messages, and some distinguish between express consent (the person actively agreed) and implied consent (for example, an existing business relationship). Rules that commonly apply include:

• Canada: Canada’s Anti-Spam Legislation (CASL).
• United Kingdom: the Privacy and Electronic Communications Regulations (PECR) and UK GDPR.
• Ireland: the ePrivacy Regulations and the GDPR.
• Australia: the Spam Act 2003.
• United States: the CAN-SPAM Act for email, and the Telephone Consumer Protection Act for calls and texts.
• India: the Digital Personal Data Protection Act, 2023, and TRAI rules for commercial SMS, including sender registration on the DLT platform.
• UAE: federal data protection law and telecommunications regulator rules on marketing messages.
• Bahrain: the Personal Data Protection Law (Law No. 30 of 2018).
• Qatar: Law No. 13 of 2016 on the protection of personal data privacy.

Good practice on every channel

• Ask for marketing permission separately from the enquiry itself, with an unticked box.
• Identify your business clearly in every message.
• Make it easy to opt out, and act on opt-outs promptly.
• Keep a record of when and how each person gave consent.
• Send messages at reasonable times, in the recipient’s time zone.

WhatsApp and SMS specifics

WhatsApp Business has its own policies, including requiring opt-in before businesses start conversations and using approved message templates for business-initiated messages. SMS sending may require registered sender IDs in some countries, such as India. Check the platform and carrier rules before starting a campaign.

Keep it organised

A CRM that stores each contact’s enquiry, preferred channel and consent status makes it much easier to follow up quickly and correctly.