Thread by @jenningslawton

97% of text messages are read within 15 minutes.

81% of American use text messaging daily.

36% of links sent via text are clicked.

BUT

99% of marketers and SMB owners don't understand how to text legally.

Here's what you need to know... 🧵

Text messaging is the easiest form of communication to break the law with.

If you don't have EXPLICIT permission to text an audience, you can face fines of $500-$1,500 PER TEXT for mass text messaging.

That is a hefty fine to pay for marketing.

But there is a loophole.

Politicians across the country are texting without explicit consent by exploiting the definition of mass texting.

On June 25, 2020, the Federal Communications Commission (FCC) ruled that Peer to Peer Texting IS NOT mass texting.

SCOTUS confirmed this in Facebook v. Duguid.

So what is Peer to Peer (P2P) texting?

It's when EVERY text message is sent by a real human.

That means that there is a real human on the end of every (legal) political text, some of whom are on my team.

And yes, we see the pictures you send back 🍆

What this means for marketers and SMB Owners:

As long as you are using a P2P messaging platform, sending SMS/MMS messages with or without opt-in is 100% compliant with all current FCC and TCPA regulations.

That being said, I am #NotALawyer, and laws vary state by state.

There are also two other regulations to worry about, CTIA and 10DLC.

Both are industry regulations driven by the major cell phone carriers and do not carry government fines.

I'll cover both in-depth on future threads, but for now, know they exist and can be confusing.

In general, here are some good rules to play by:

✅ Only use TCPA Compliant P2P Messaging Platforms
✅ Include Opt-Out Language in every text message
✅ Introduce Yourself in The First Text Message
✅ Don't Be Spammy
✅ Avoid SHAFT (Sex Hate Alcohol Firearms Tobacco)

I have sent over 3.2 million texts in the past three months, regulations and compliance is essential, but here are some real-world examples and best practices

For home services companies, storm warnings work wonders. Our clients have closed 6 figures worth of pools and roofs from Severe Weather Warning texts with offers to help or instructions on how to prepare.

You can also use this as a two-step follow-up for post-storm inspection.

B2B SMS is generally less likely to have negative backlash, but I have seen higher opt-out rates on these campaigns.

I recommend using more personalized language for B2B and only using it as a follow-up to cold emails.

Non-Profits can use P2P SMS very successfully IF they use it to promote events instead of just going for the kill (asking for money).

Realtors and Real Estate Investors need to be particularly careful with their targeting because chances are, your competitors are already hitting up FSBOs and failed listings via SMS.

I have a guy for top-notch off-market data if you're interested.

Sorry, SMB searchers. I haven't done any campaigns for you yet, but I have some ideas. 🧠

What else do you want to know about SMS Marketing?

-Copywriting Practices?
-Creative Design?
-Political Horror Stories?
-Compliance Information?

Let me know below 👇