Phone number marketing is powerful
Posted: Sat May 31, 2025 9:45 am
Whether you're a small business owner or part of a large marketing team, staying compliant with regulations is essential when building and using phone number lists. Failure to do so can result in hefty fines, reputational damage, and customer mistrust.
The foundation of legal compliance begins with consent. You cannot legally send promotional text messages to people who haven’t explicitly agreed to receive them. This rule is enforced by laws such as the Telephone Consumer Protection Act (TCPA) in the United States, GDPR in Europe, and similar regulations globally. To stay safe, always get clear, documented consent from users before adding them to your SMS list.
This consent should be obtained through an opt-in process. Whether via a form on your website, a keyword-to-shortcode SMS entry, or a physical sign-up sheet, the user must knowingly agree to receive messages. A good example would be: “Text JOIN to 12345 to receive weekly promotions. Message and data rates may apply. Reply STOP to unsubscribe.”
Next is transparency. When someone subscribes to your phone number list, they should know what kind of content they’re signing up for, how often they’ll receive messages, and their rights to unsubscribe at any time. This information should be part of your privacy policy and mentioned clearly in the opt-in message.
Always include an easy opt-out option. Common practice is using the word “STOP” to unsubscribe. Your system should automatically detect this keyword and immediately remove the user from the list. Similarly, words like “HELP” should provide contact or support details. Ignoring unsubscribe requests isn’t just bad business—it’s illegal in many countries.
Data protection is another major legal aspect. Phone numbers are considered personal shop data. That means you need to store and process this information securely. Use encrypted databases, limit access to authorized personnel, and never share or sell phone numbers without consent. In some jurisdictions, like under GDPR, users have the right to access, correct, or delete their data upon request.
You must also avoid misleading content. Your messages should always be truthful, clear, and not deceptive. If you're offering a 20% discount, it should actually be available, and there should be no hidden terms that contradict the offer.
Another key rule is frequency. Bombarding your subscribers with daily messages they didn’t expect can lead to high opt-out rates and spam complaints. Always stick to the message frequency stated during opt-in and consider allowing users to choose their preferences.
Failing to follow these laws can lead to lawsuits and penalties. In the U.S., violating the TCPA can result in damages of $500–$1,500 per unsolicited message. For large lists, this adds up fast. That’s why large brands hire legal counsel or use vetted SMS platforms with built-in compliance features.
Legal compliance might sound overwhelming, but it really comes down to treating your subscribers with respect, honesty, and transparency. When users feel that their privacy is honored and they have control, they’re more likely to trust and stay engaged with your brand.
The foundation of legal compliance begins with consent. You cannot legally send promotional text messages to people who haven’t explicitly agreed to receive them. This rule is enforced by laws such as the Telephone Consumer Protection Act (TCPA) in the United States, GDPR in Europe, and similar regulations globally. To stay safe, always get clear, documented consent from users before adding them to your SMS list.
This consent should be obtained through an opt-in process. Whether via a form on your website, a keyword-to-shortcode SMS entry, or a physical sign-up sheet, the user must knowingly agree to receive messages. A good example would be: “Text JOIN to 12345 to receive weekly promotions. Message and data rates may apply. Reply STOP to unsubscribe.”
Next is transparency. When someone subscribes to your phone number list, they should know what kind of content they’re signing up for, how often they’ll receive messages, and their rights to unsubscribe at any time. This information should be part of your privacy policy and mentioned clearly in the opt-in message.
Always include an easy opt-out option. Common practice is using the word “STOP” to unsubscribe. Your system should automatically detect this keyword and immediately remove the user from the list. Similarly, words like “HELP” should provide contact or support details. Ignoring unsubscribe requests isn’t just bad business—it’s illegal in many countries.
Data protection is another major legal aspect. Phone numbers are considered personal shop data. That means you need to store and process this information securely. Use encrypted databases, limit access to authorized personnel, and never share or sell phone numbers without consent. In some jurisdictions, like under GDPR, users have the right to access, correct, or delete their data upon request.
You must also avoid misleading content. Your messages should always be truthful, clear, and not deceptive. If you're offering a 20% discount, it should actually be available, and there should be no hidden terms that contradict the offer.
Another key rule is frequency. Bombarding your subscribers with daily messages they didn’t expect can lead to high opt-out rates and spam complaints. Always stick to the message frequency stated during opt-in and consider allowing users to choose their preferences.
Failing to follow these laws can lead to lawsuits and penalties. In the U.S., violating the TCPA can result in damages of $500–$1,500 per unsolicited message. For large lists, this adds up fast. That’s why large brands hire legal counsel or use vetted SMS platforms with built-in compliance features.
Legal compliance might sound overwhelming, but it really comes down to treating your subscribers with respect, honesty, and transparency. When users feel that their privacy is honored and they have control, they’re more likely to trust and stay engaged with your brand.