Is cold messaging illegal?
Asked by: Corbin Rosenbaum | Last update: October 14, 2025Score: 4.5/5 (59 votes)
The effectiveness of business texting and SMS marketing could tempt you to send cold text messages to clients. Sadly, cold texting is illegal. Sending unsolicited text messages to leads or prospects without consent could risk you facing serious fines or damage to your reputation.
Can you get sued for cold texting?
FYI, ``cold texting'' is illegal under the TCPA. You can only send marketing texts to numbers you've received written consent from. An individual you cold text could sue you in small claims court for $1500 per text.
When did cold texting become illegal?
California. In 2020, the Golden State enacted the California Consumer Privacy Act (CCPA), which oversees consumer privacy and protections.
Is cold emailing illegal in US?
Yes, cold emailing is legal in the United States if it follows the guidelines of the CAN-SPAM Act of 2003.
Is cold calling still illegal?
No, cold calling isn't illegal, but it is heavily regulated. So, before you pick up the phone to call potential customers, you must understand the rules and how to stay compliant.
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Why is cold texting illegal?
Why is Cold Texting Illegal? Cold texting is highly invasive, making it illegal, and is less effective than other digital marketing channels. In addition, it goes against international privacy laws that demand that individuals consent and opt-in to receive the marketing communication.
Can someone sue you for cold calling?
Your right to sue
Under the federal Telephone Consumer Protection Act, you can sue telemarketers for your actual monetary loss or up to $500—whichever is greater—for each call received after you placed your name on the Do Not Call Registry or asked the company not to call.
Why is cold calling not illegal?
It is not illegal and does not require a licence. However, the law states that a trader who ignores a resident's request to leave and not return commits a criminal offence under the provisions of The Digital Markets, Competition and Consumers Act 2024.
Am I allowed to send cold emails?
Cold emailing is legal.
However, cold email is often confused with spam, which is illegal in most cases. Most countries have introduced anti-spam laws such as the CAN-SPAM ACT to prevent people from sending spam emails.
Is it illegal to send unsolicited emails?
Lack of Consent: Businesses must obtain consent from recipients before sending marketing emails. Unsolicited emails sent without consent can block a business and attract legal penalties.
What is dry texting?
Caption Options. Close Settings. As a phrase, “dry texting” is relatively recent in the grand scheme of things. It refers to people who reply with one word, or don't carry the conversation and just say things like “lmao” and “wyd” until the receiver wants to tear their hair out in frustration or boredom.
What kind of texting is illegal?
SHAFT Content. SHAFT is an acronym that stands for “Sex, Hate, Alcohol, Firearms and Tobacco.”. Most messaging programs related to these types of content are prohibited, but there are exceptions.
Can I text my customers?
Without consent to receive an auto-dialed marketing message and proper opt-in by your customers, you are not even legally allowed to text your consumers and ask for their consent. Doing so would be a violation and could leave your company vulnerable to being sued under the TCPA.
Is it OK to cold text?
Is cold texting illegal? Yes, cold texting is illegal. The Telephone Consumer Protection Act requires businesses to get an opt-in from customers to text them. You may face hefty fines if you don't obtain SMS opt-ins.
Is spamming someone with texts illegal?
They are often sent to a large number of recipients, but this isn't a necessary qualification — any unwanted message can be classified as spam. In addition to generally being a bad practice, it is also illegal to send unsolicited text messages to people without their consent, and the fines can be heavy.
What is a TCPA violation?
The Telephone Consumer Protection Act (TCPA) was enacted to protect consumers from unwanted and intrusive telemarketing practices, including robocalls. Unauthorized prerecorded voice messages clearly violate this act, as they involve delivering automated calls or messages without prior consent from the recipient.
Is cold emailing a bad idea?
Cold emails are annoying. At least, they can be. Done right, a cold email can help land you the job you've been fantasizing about. Done incorrectly, a cold email may be ignored or, worse, damage your chances of landing an interview.
Can I use a Gmail to send cold emails?
How many cold emails can I send from Gmail? In order to prevent spam, Gmail limits the number of emails you can send each day: With a free @gmail.com account, you can send up to 500 emails per day. If you have a Google Workspace account, you can send up to 2,000 emails a day through Gmail.
How many cold emails is too many?
It all depends on your previous efforts with cold emailing, but if you're just starting out, it's best to send up to 10-20 emails per day. As you ramp up your cold email campaigns and introduce automation into the mix, you can increase the number of cold emails you send on a daily basis.
Is cold texting illegal in the US?
Cold texting is illegal in the United States without explicit consent from recipients. To stay compliant, businesses must follow specific practices that prioritize obtaining permission and respecting consumer rights.
Can you go to jail for cold calling?
In short, cold calling is legal in the United States—but there are many regulations you need to follow. Taking this into consideration, here are three easy steps that you can take to ensure your cold calls are TCPA compliant: Scrub the phone numbers you're cold calling against the National Do Not Call Registry (NDNCR).
Can you get fined for cold calling?
If you're doing business in California and handling customer data, staying compliant is non-negotiable. Violations can lead to hefty fines.
Is cold calling harassment?
When cold callers use harassing, abusive sales tactics and lie to you about investment opportunities, they violate the cold calling rules and break federal and state securities laws. Don't let them off the hook! Tell intrusive cold callers not to call again.
Is cold calling unprofessional?
Some people may consider cold calling to be unprofessional because it can be perceived as intrusive and impersonal. However, others may view it as a necessary and effective way to connect with potential customers or clients who may not have otherwise been aware of a product or service.
What are the violations of cold calling?
The regulations state that you should not make any unsolicited direct marketing calls to any individual or organisation listed on the registers unless they have told you directly that they do not object to you calling them, i.e. they have taken a positive action that invites or opts in to receive sales and/or marketing ...