The Ultimate Guide to Avoiding Spam Lawsuits: Essential Tips for SMS Marketers


23 October 2022


TJ Gaushas

When it comes to SMS marketing, there are a few key things you need to keep in mind in order to avoid any potential spam lawsuits. Spam lawsuits stem from not obtaining proper consent before adding a lead to your SMS campaign. Spam lawsuits stem from individuals who may consider unsolicited texts to be annoying and disruptive.

We've all been there - receiving a text message from an unknown number with a generic message trying to sell us something. It's annoying, and it's the number one way to get yourself sued for SMS marketing. Your leads have rights, and those rights are directly backed and supported by the  TCPA, or Telephone Consumer Protection Act.

Essential Tips for SMS Marketers to Avoid Spam Lawsuits

The first thing you need to do in order to avoid a spam lawsuit is to make sure that you have express written consent from every single lead on your list. This means that they have explicitly agreed, in writing, to receive texts from you. You can't just assume that because someone gave you their phone number, they're okay with receiving marketing texts from you. Always err on the side of caution and get explicit consent before adding anyone to your campaign. Without this consent, you could be opening yourself up to a potential lawsuit. 

Another key way to avoid a spam lawsuit is to ensure that you are providing opt-out instructions with every single text message you send out. These opt-out instructions should be clear and concise, and they should be easy for your leads to follow. For example, you might include a keyword that they can text back in order to opt out of your campaign.

Or, you can provide a link that they can click on in order to unsubscribe from your texts. Whatever method you choose, just make sure that it's clear and easy for your leads to opt out if they so choose. By including these opt-out instructions, you are giving your leads the ability to unsubscribe from your SMS campaign at any time. This helps to avoid any potential problems down the road.

It’s also wise to always keep an up-to-date list of leads who have subscribed to your SMS campaign. This way, if someone does unsubscribe, you can remove them from your list right away. Keeping an up-to-date list will help you avoid any potential legal trouble in the future.

When you are choosing an SMS platform, it's ideal to choose a platform that has A.I. which can opt a lead out based on trigger keywords that are set. For example, if lead texts back “stop”, “unsubscribe”, or “opt-out”, the A.I. will automatically unsubscribe them for you.

Here are a few additional tips for avoiding spam lawsuits with SMS marketing:

  • Send Relevant Texts: Make sure you're only sending relevant, targeted messages to your contacts. Don't bombard them with irrelevant content or constant promotions - this is a surefire way to get people to unsubscribe from your list.
  • Make it easy to opt out: Every text message that you send should include an easy way for the recipient to opt-out of receiving future messages. This could be as simple as including a keyword that they can reply with to stop receiving messages.
  • Don't send too many texts: If you are sending multiple texts to the same person, make sure to space them out so that they don't feel like they are being bombarded with messages. Also, try to limit the number of texts that you send in a day so that people don't get overwhelmed.
  • Personalize your messages: People are more likely to respond positively to a text message if it is personalized and relevant to them. This means that you should avoid using generic messages and instead focus on creating messages that are specific to the individual. A good example of this would be if you know that someone is interested in a certain product, send them a text message that includes information about that product. Or, if you have a special offer for a specific group of people, make sure to include that information in your text message. By personalizing your messages, you'll be more likely to reach your target audience and avoid any potential spam lawsuits.
  • Use a professional service: There are many companies that offer SMS marketing services. These companies can help you design your campaigns, send your messages, and track your results. Using a professional service can help you avoid many of the common mistakes that people make when they are first starting out with SMS marketing. If you’re looking for a top-tier SMS marketing platform that makes it easy to remain in compliance and avoid spam lawsuits, you should consider Textdrip.

Textdrip offers you live one-on-one support and the resources you need to remain in compliance. All you have to do is obtain opt-in consent and Textdrip helps you with the rest.

Textdrip has safeguards in place that will help you to remain in compliance with certain TCPA guidelines. We also walk you through registration for 10DLC step-by-step. Having a solid, professional platform that also offers support for TCPA and 10CLC guidance is essential.

SMS marketing can be an incredibly effective way to reach your target audience - but only if it's done properly. By following the tips above, you can help ensure that you're not opening yourself up to any potential spam lawsuits. And, by providing clear opt-out instructions, you can give your leads the power to control whether or not they receive your texts.

Keep this list of Do’s and Don’t in your back pocket:

The Dos: 

✅ Get explicit permission before sending any texts

✅Make it easy to opt-out

✅Personalize your messages

✅Use a professional service

The Don'ts:

❌Don't send too many texts

❌Avoid using generic messages


Not only does avoiding these things protect you from potential legal trouble, but you also will get much higher deliverability rates and engagement from your contacts.

Final Words

If you're looking to add SMS marketing to your business's marketing mix, be sure to follow these tips to avoid any potential legal trouble. By getting explicit permission from your contacts, only sending relevant messages, and including an easy opt-out option, you can run a successful SMS marketing campaign without worry. So go forth and text away - just be sure to do it the right way. 

TJ Gaushas

As the COO of Textdrip, TJ oversees global operations and is committed to driving success through strategic planning, operational efficiency, and team leadership. Read More

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