Hi Reader,

Picture this: you've built a thriving text-message marketing list, your open rates are through the roof, and your text campaigns are driving real revenue. Then one day, you get a letter from an attorney you've never heard of.

It happens more than you'd think. And for many business owners, the shock isn't just the lawsuit. It's finding out the problem was there the whole time.

Text message marketing is one of the fastest-growing strategies for online businesses right now. It's also one of the most legally exposed. The majority of businesses using SMS marketing are not compliant with federal law, and most don't know it until it's too late.

Here's what you need to know.

Text messages to consumers are regulated under the Telephone Consumer Protection Act, commonly called the TCPA. More damages have been awarded to consumers under this law than nearly any other statute in the United States.

Entire law firms exist solely to bring these suits against businesses of all sizes. The damages aren't small either: violations can cost between $500 and $1,500 per text message, per person. And most business insurance won't cover it.

If you're using SMS marketing right now, or planning to, here's a quick compliance check:

📳 Your opt-in form:

A simple check box on an opt-in form agreeing to receive texts is often not enough to count as express written consent to receive text message marketing. Your form must include specific language comply with the law (...and we’ve found many businesses are not compliant).

📳 Your record-keeping:

You must create an internal “do not call” list of anyone who has opted-out of receiving texts, and the best practice is to keep it on file for at least 4 years. (We recommend comparing this against the national “do not call” registry often as well.)

📳 Your internal processes & training:

Before launching an SMS strategy, you must create and document your internal processes to comply with the law. You must show proof of training for every employee or team member who has access to phone numbers that have opted in. If someone requests a copy of your internal processes, you must be able to provide them.

📳 Your text messages:

Text messages can only be sent between certain approved hours and you must transmit accurate caller ID information from an actual phone number when sending text messages.

If you’re sued, you can be required to pay damages for violating this statute that range from $500 - $1500 PER TEXT MESSAGE sent to each person, and most business insurance will not cover these damages.

If you're unsure whether your current setup is compliant, or you're building one out and want to get it right from the start, this is exactly the kind of thing we cover inside The Fine Print Academy. It's our ongoing membership for online business owners who want attorney guidance, done-for-you contract templates, and the legal foundation to grow without second-guessing themselves.

SMS compliance is one piece of it. But if text marketing surfaced a question mark for you today, there are probably a few others worth looking at too.

​Learn more about the Fine Print Academy.​

To (legally) staying in touch,