If you plan to reach prospects by SMS, text message, or phone, you need to follow the laws that protect consumer privacy and prevent spam. This guide covers the main regulations, the steps to take before you dial, and the practices that keep your outreach compliant.
Key regulations you need to know
TCPA, the Telephone Consumer Protection Act. Read the full TCPA rules here.
- Get express written consent before sending automated marketing texts.
- Include a clear opt-out in every message (for example, reply "STOP").
- Fines can be steep: $500 per unsolicited message, and up to $1,500 for willful violations.
CAN-SPAM Act. This mainly governs email, but it also applies to SMS marketing.
- Clearly identify promotional messages.
- Include a valid postal address.
- Honor opt-out requests promptly.
Using Pearl Diver data for telemarketing
Warning: Pearl Diver data is for lead generation. Before you use it for telemarketing, you must take extra compliance steps.
Scrub your call list against the National Do Not Call (DNC) Registry:
- Subscribe to the National Do Not Call (DNC) Registry.
- Download the latest registry data.
- Remove any numbers listed on the DNC Registry.
- Repeat this scrubbing process at least every 31 days.
Note: The FTC requires you to pay any applicable fees and check the correct registry sections before calling. Each non-compliant call can be treated as a separate violation.
Rules for using phone numbers
- Do not call anyone listed on the National Do Not Call Registry.
- Do not call residences before 8 a.m. or after 9 p.m. in their local time.
- Do not deliver artificial voice calls or recordings without prior written consent.
- Do not use autodialers or recordings to call mobile numbers where the receiver pays for the call.
- Do not call emergency lines, hospital patient rooms, or other restricted numbers.
- Do not send unsolicited faxes unless you have an existing business relationship and the number was voluntarily provided.
💡 Tips for compliant SMS outreach
- Audit your list — verify that it was legally obtained and meets compliance standards.
- Always provide a clear opt-out — include one in every message.
- Keep detailed records — log how consent was obtained and all communications sent.
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