Since SMS marketing can be highly effective, with open rates as high as 98%, businesses are often tempted to send unsolicited texts, also known as cold texting. However, this is not only illegal, but also unethical. Explicit consent must be obtained from contacts before sending them any text message. Cold texting means sending an unsolicited SMS to someone without their clear and explicit permission. Basically, you initiate communication with individuals who have neither shown interest in your business nor given you consent to contact them. For instance, a business sends a promotional message to a list of phone numbers they purchased from a third-party vendor, this is a classic example of cold texting.
What counts as Cold Text
The key characteristics of a cold text include:
- No prior consent: The recipient has not opted in to receive text messages from you.
- No existing relationship: There is no prior connection between the sender and the recipient — such as a purchase history, past conversation, or subscription.
- Unsolicited messages: Texts are sent without being requested or expected by the recipient.
- Lack of personalization: The message is generic and not tailored to the recipient’s interests, needs, or preferences.
- No context or relevance: The text lacks relevance to any ongoing conversation, customer journey, or transaction the recipient is aware of.
When these factors are present, the message is considered a cold text, often leading recipients to perceive it as spammy or intrusive, which can damage your brand reputation and lead to legal issues. In fact, 75% of consumers say they are annoyed by unsolicited marketing messages. And under regulations like the TCPA, businesses can face fines of up to $1,500 per unsolicited SMS.
How to warm up a cold text?
Cold texting is illegal under the Telephone Consumer Protection Act (TCPA) because it involves sending unsolicited texts to customers without their prior consent. It violates customer privacy, can be considered harassment, and non-compliance can result in fines ranging from $500 to $1,500 per violation. Instead of risking penalties, you can apply a few legitimate strategies to warm up your cold text and ensure compliance.
Share your business texting number openly
Consider sharing your business phone number publicly, on your company website, social media profiles, or in email signatures. When customers take the initiative to message you, they are implicitly granting consent for communication. This can create a compliant, text-based channel for customer support or service inquiries. However, it's important to note: this implied consent only applies to the context of their inquiry. If you follow up with an unsolicited promotional message, without clear opt-in, it still counts as a cold text and violates TCPA guidelines.
Use a Click-to-Text Button
Incorporating a click-to-text button encourages visitors to initiate a conversation and provides implied consent effectively, while also streamlining the communication process. For instance, a company adds a "Text Us" button to their website's contact page. When a customer clicks this button, a pre-filled text message appears on their phone, allowing them to easily send a message to the company's support team. In fact, 75% of consumers prefer texting customer support, making CTA button a smart, user-friendly and compliant way to connect.
Get Permission to Text Over the Phone
While speaking with a customer, always ask for permission to send SMS updates related to their inquiry. Also, disclose that message and data rates may apply to ensure full compliance. This avoids cold texting and ensures compliance. In fact, 56% of consumers prefer texting businesses rather than calling them, making it crucial to get proper permission and use the channel responsibly.
Turn online followers into opted-in text message recipients
Offer voluntary opt-ins to your social media followers or email subscribers by providing a simple, clear way to consent to receive text messages from your business. For example, your Instagram bio could say: “Text us to stay updated! Opt-in to our text alerts here: [bit.ly/YourBrandText]” .You can also maximize opt-ins strategically by launching targeted promotions or embedding sign-up links in your email signature. For instance, a newsletter promotion might say: “Limited time offer! Opt-in to our text messages and receive 20% off your next purchase!” This kind of offer encourages subscribers to opt in by giving them immediate value in return.
Develop SMS opt-in forms
Digital and printed forms can be used to obtain consent from customers to text them. Potential customers can be asked to fill out these forms in person, or the forms can be embedded in pop-up ads or websites. These forms will quickly enable customers to provide consent and also protect your business from any potential compliance issues. In fact, 84% of consumers are opted in to receive texts from businesses as of 2025- making opt-in forms a powerful way to build a compliant contact list.
Add SMS Opt-In Checkboxes to your forms
Consider adding an opt-in checkbox wherever customers provide their phone numbers. These checkboxes should clearly state that customers are granting permission for your business to contact them via SMS. They can be included in various places such as the checkout process, booking forms, demo request forms, or job application forms. By following this practice, you can maintain compliance and also build trust with your customers
Launch a Text-to-Join Campaign
Use a text-to-join campaign to encourage customers to opt-in to your marketing texts. Here's how it works:
- Customers text a simple keyword, like "JOIN," to your business number.
- You send a confirmation text to ensure they intentionally subscribed.
Provide Easy Opt-Outs and Unsubscribes
The TCPA requires businesses to offer a convenient way for customers to opt out of text message programs at any time. By making this process easy:
- Customers feel empowered and more likely to subscribe
- You ensure compliance with regulations
- You avoid potential penalties for sending unwanted texts
Difference between cold and warm texts
Cold texts are unsolicited messages sent to unfamiliar recipients. In contrast, warm texts are personalized messages sent to individuals who have opted-in or established prior contact.
Cold texting may seem like a quick fix, but it's a risky approach that can harm your brand and break the law. In contrast, warm texting focuses on consent, personalization, and relevance, helping you build meaningful connections with your audience. To do SMS marketing right, prioritize consent and compliance. Use opt-in forms, add SMS checkboxes, and make it easy for subscribers to opt-out. This approach fosters trust and encourages engagement.
Want to simplify SMS marketing and do it the right way? NXT offers a powerful, user-friendly platform that helps you grow your subscriber list, automate personalized messages, and build lasting customer relationships, all while staying compliant with regulations.
Get started today with NXT — drive engagement and conversions with our messaging solutions. Enjoy powerful features like message automation, contact management, unlimited contacts, and more!