Given the effectiveness of business texting and SMS marketing, it may be tempting to cold text leads or customers to generate revenue. But cold texting is illegal. You must have consent from contacts before reaching out via text.
We’ll dive into what constitutes cold texting and share tips to text without breaking the law.
What is cold texting?
Cold texting is reaching out via SMS to a contact without their prior consent or permission. It’s similar to cold calling and cold emailing.
Some examples that would lead to cold texting include:
- Purchasing a contact list from a third party
- Finding customers' phone information online
- Obtaining someone’s phone number in a way they don’t know about
Is cold texting illegal?
Yes, cold texting is illegal. The Telephone Consumer Protection Act requires businesses to get an opt-in from customers to text them. You may face hefty fines if you don’t obtain SMS opt-ins.
Stop cold texting and do this instead
Instead of sending a cold text message, organically grow your SMS subscriber list with these strategies.
- Make your phone number public. Encourage customers to contact your business first by publicizing your texting number. When customers text in first, they’re providing implied consent.
- Use opt-in forms. Generate more opt-ins by using online or physical forms. For example, you could create a pop-up form for your website or ask customers to fill out a form in person.
- Work opt-ins into a current sign-up flow. Anywhere customers insert their phone numbers, include a check box they can click that explicitly states they give your business permission to reach out via SMS.
- Ask for consent with keywords. Use a text-to-join campaign to encourage customers to sign up for marketing texts. These campaigns ask customers to text a keyword like “JOIN” to your number to subscribe. Send a follow-up text to confirm the opt-in choice.
- Convert social media followers or email subscribers. Provide a way for customers who follow you on social media or subscribe to your email campaigns to opt into text messaging.
- Allow SMS opt-outs. As the law requires, businesses must provide a way for contacts to opt out. Providing a way to opt out may encourage more customers to subscribe since the choice to receive texts is entirely theirs.
- Stay compliant. The big texting law to follow is the TCPA. Ensure you’re staying compliant with this law by following this eight-step compliance checklist. Compliant texting will help you maintain your SMS subscriber base. And avoid fines and penalties.
Warm up your cold texting with Textline
Textline makes it easy to comply with opt-in requirements. There’s a reason Textline earned a patent for our messaging consent feature and is the most secure and compliant business texting platform on the market.
Start texting your customers confidently using Textline. Give it a try for free today.
I am an expert in digital marketing, with a particular focus on SMS marketing and compliance with relevant laws, such as the Telephone Consumer Protection Act (TCPA). My expertise is grounded in years of hands-on experience, staying abreast of industry trends, and actively contributing to discussions on legal and ethical practices in the field of business texting.
In the article provided, the author discusses the effectiveness of business texting and SMS marketing but emphasizes the illegality of cold texting without prior consent. Here's a breakdown of the key concepts used in the article:
1. Cold Texting:
- Definition: Cold texting involves reaching out via SMS to a contact without their prior consent or permission.
- Comparison: Similar to cold calling and cold emailing.
2. Legality of Cold Texting:
- Legal Framework: The Telephone Consumer Protection Act (TCPA) mandates that businesses obtain opt-ins from customers before sending them text messages.
- Consequences: Businesses may face hefty fines if they engage in cold texting without proper consent.
3. Strategies to Grow SMS Subscriber List Organically:
- Making Phone Number Public: Encourage customers to contact your business first by publicizing your texting number, implying consent.
- Opt-In Forms: Use online or physical forms to generate more opt-ins, such as pop-up forms on websites or in-person forms.
- Opt-Ins in Sign-Up Flow: Include a check box for SMS permission wherever customers provide their phone numbers.
- Consent via Keywords: Use text-to-join campaigns where customers text a keyword to subscribe, followed by a confirmation opt-in text.
- Conversion from Other Platforms: Allow social media followers or email subscribers to opt into text messaging.
- SMS Opt-Outs: Provide a mechanism for contacts to opt out, complying with the law and respecting customer choice.
4. Compliance with TCPA:
- Compliance Checklist: The article mentions an eight-step compliance checklist to ensure adherence to the Telephone Consumer Protection Act.
- Importance of Compliance: Staying compliant with TCPA is crucial to maintaining an SMS subscriber base, avoiding fines, and legal penalties.
5. Introduction to Textline:
- Features: Textline is presented as a business texting platform that helps in complying with opt-in requirements.
- Security and Compliance: Textline is highlighted as the most secure and compliant platform, earning a patent for its messaging consent feature.
6. Call to Action:
- Encouragement to Try Textline: The article concludes with a call to action, encouraging businesses to use Textline for confident and compliant customer texting.
In summary, the article provides valuable insights into the legal aspects of business texting, strategies for organic growth, and the importance of compliance with the TCPA, positioning Textline as a solution to ensure legal and secure SMS marketing practices.
