Do I need consent to send promotional SMS in Nepal?
Yes. The Advertisement (Regulation) Act 2076 says an advertisement may not be sent by SMS or email without the recipient's consent. Offers, discounts, product launches and sale announcements are advertising on any ordinary reading. Get consent before the first promotional message, not after a complaint. This is general information, not legal advice for your case.
What is the fine for advertising SMS sent without consent?
A breach of the consent rule can carry a fine of up to NPR 100,000. That figure comes from the Act as we understand it, and we have not checked the section number against the official Nepali text. Treat it as a guide to the risk and ask a lawyer how it applies to your business.
Are OTP and account alerts covered by the consent rule?
On a plain reading, no. A one-time password, an invoice notice or an account alert tells a customer about something they started or already own, so it is transactional rather than an advertisement. That reading has not been tested in a court. Keep offers out of transactional messages, or they may be treated as advertising.
How should I collect consent for SMS marketing?
Ask clearly and keep a record. Use a checkbox that starts unticked on a web form, or a signed line on a paper form at the counter. Record the number, the date, the exact wording the customer agreed to and where it happened. Without a record, you cannot show consent if someone complains later.
How should I handle SMS opt-outs?
Tell people in every promotional message how to stop the offers, for example by calling a named number or telling staff at the counter. Remove opted-out numbers from marketing lists promptly and keep them on a suppression list, so a later upload does not add them back. Keep sending the transactional messages they still need.
Tihar offer: Rs 500 off on purchases above Rs 3,000 at our store until Sunday. Show this SMS at the counter. To stop offers, tell our staff.
Questions people also ask
Is this page legal advice?
No. It is general information about Nepali law as we understand it. Speak to a lawyer in Nepal before relying on it for a campaign, a contract or a dispute.
Does a purchased phone number list come with consent?
No. Consent has to come from the person who receives the message. A bought or scraped list does not show that those people agreed to receive your advertising.
Does consent let me send promotions at any hour?
Consent covers whether you may send, not when. Many senders keep promotions to daytime hours as a courtesy. See the guide on when to send SMS.