By Alma Duffey 5/28/2025

SMS is a great way to communicate with your customers as a small business. Unfortunately, it’s not always used in the right way. There are laws in place to protect consumers, but there are also some legal pitfalls people can fall into if they just don’t understand the etiquette.

Legal Aspects

Opt-In

Before SMS is sent to a customer, opt-in must be documented in a “written” form. Doing so beforehand could result in fines or lawsuits. Their consent also must be voluntary. There are some exceptions to this; the information is strictly informational. That’s why you get appointment reminders and confirmations without selecting opt-in for businesses. What would make this illegal is if they are promoting a product or service. Any marketing is off limits.

There is an exception to this, but you have to be careful. For B2Bs, there’s a lot of networking involved, so if you get someone’s information at a trade show or through other means, you can contact them, but be careful. Use good judgment and don’t abuse the contact.

Opt-out

Customers have to have a very clear and easy way to opt-out of texts. Everyone is familiar with the “text STOP to unsubscribe,” and this is why. The Telephone Consumer Protection Act was started in 1991 when robocalls were on the rise. Unwanted intrusions at all times of the day from unknown people were becoming a large problem for Americans. These calls and faxes could also drive up consumer phone bills. The updated TCPA also says if a consumer makes any effort to opt-out, it should be honored. So, “text stop to stop” is only a suggestion. You can call, text, or email things like exit, cancel, or unsubscribe, and the business must honor it.

There are other legal things to consider, so before you start sending sms to customers, know your boundaries.

Legal, But Ill-Advised

Timing Mistakes

Sending messages early in the morning or in the middle of the night is bad practice. It can quickly result in customers opting out. Also, be aware of how many texts you send. As a consumer yourself, you know the annoyance of getting multiple texts from the same vendor. If you don’t want it done to you, keep that in mind for your customers.

Looking Like Spam

Spam has some key characteristics on sms. Avoiding any of the following:

• ALL CAPS
• Poor grammar or excessive abberviations
• Excessive emojis 😊
• Suspicious-looking links
• Generic or impersonal content

When you’re sending messages to your consumers, use their names, include your name or your business’s name, and be specific about why you are texting.

Skipping Registration

It’s a good idea to register your number so your messages don’t get blocked. Some carriers won’t even send the messages through if they look suspicious and aren’t verified. This practice will increase trust with customers and improve their experience because of it.

Sensitive Information

Customers won’t appreciate you sending anything personal over text. Be clear why you’re trying to get a hold of them, and be available if they return messages. If you have made your business known, and you’re handling a personal situation for them, let them know a secure way to contact you. Don’t make them guess.