B2B SMS Texting Legal Advice

[Andrew Kuo]

Need legal advice on cold sms texting businesses such as real estate agents, insurance agents, local service businesses, etc

Is it legal to cold text these businesses who post their business numbers online? If so, what are the limitations, rules, and regulations?

What kind of messaging can be used in the cold texts to business owners?

Specifically, is it legal to reach out to them via SMS texting without prior communication/consent to see if they want to signup to a free newsletter? No money will be exchanged.

 

[adjusterjack]

Is it legal to cold text these businesses who post their business numbers online? If so, what are the limitations, rules, and regulations?

This:

Enforcement | Federal Trade Commission (ftc.gov)

Specifically, is it legal to reach out to them via SMS texting without prior communication/consent to see if they want to signup to a free newsletter? No money will be exchanged.

Well, if they are dumb enough to post their cell number instead of a land line, and you have complied with the do not call registry then, yeah, it's legal.

It's a pity that the penalty for spamming doesn't include prison.

 

[Tax Counsel]

Specifically, is it legal to reach out to them via SMS texting without prior communication/consent to see if they want to signup to a free newsletter? No money will be exchanged.

If you plan to use a robo calling system to do it, that will violate federal law. See FCC fact sheet on avoiding spam. Your state may have additional restrictions. I strongly suggest you meet with a lawyer who deals with advertising/electronic communications issues to discuss it so you know what you can and can't do.

Also, consider this: most people detest e-mail spam and HATE spams sent by text. Doing this kind of spam advertising is a good way to get your business a bad reputation. Ask yourself if you are willing to take the risk just to pick up a customer or two? Firms that send me unsolicited e-mail or text spam are firms that end up on my list of companies to never do business with.

 

[cbg]

Firms that send me unsolicited e-mail or text spam are firms that end up on my list of companies to never do business with.

Agreed. One hundred percent.

 

[Red Kayak]

Firms that send me unsolicited e-mail or text spam are firms that end up on my list of companies to never do business with.

Quoting for emphasis.

Do not spam.

Do contact businesses/people personally. It takes more work, but doing things the right way usually does take more effort in the short run.