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How to Stay Compliant with SMS and Telemarketing Rules

If you’re planning to reach out to prospects via SMS, text messaging, or telemarketing, it’s essential to follow the laws that protect consumer privacy and prevent spam. This guide gives you a clear overview of the main regulations, best practices, and why compliance matters for your outreach success.

🛡 Key Regulations You Need to Know

TCPA – 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 (e.g., reply “STOP”).

  • Fines can be steep — $500 per unsolicited message, and up to $1,500 for willful violations.

⚠ Important Warning

The data provided by Pearl Diver is for lead generation purposes only.
If you plan to use it for telemarketing, you must take extra compliance measures:

  • 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.

💡 The FTC requires you to pay any applicable fees and check the correct registry sections before making calls. Each non-compliant call could be treated as a separate violation.

📏 Key Rules Regarding 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.

📧 CAN-SPAM Act

While the CAN-SPAM Act mainly governs email, it also applies to SMS marketing:

  • Clearly identify promotional messages.

  • Include a valid postal address.

  • Honor opt-out requests promptly.

💡 Best Practices for SMS Marketing with Third-Party Lists

  • Audit your list: Verify that it was legally obtained and meets compliance standards.

  • Always provide a clear opt-out in every message.

  • Keep detailed records of how consent was obtained and all communications sent.

✅ Conclusion

Pearl Diver gives you the insights to grow your business but how you use that information matters.
By following these rules and best practices, you’ll keep your outreach ethical, compliant, and effective.

If you have questions about compliance for your specific situation, reach out to support@blackpearl.com