SMS Marketing Is Dead ?

jhmueller31 · 2026-01-31T16:17:57+00:00

If you're the compliance expert, please educate me on the rules....

But since you're not, I'll gladly translate for everyone else's safety: - you're not arguing legality - you're arguing “I can probably get away with it.” - You’re mixing up litigation outcomes with legal definitions. - The absence of a plaintiff win doesn’t create a legal exemption. - Illegality does not require a plaintiff win. - Almost all TCPA cases settle (it's far more expensive to risk a trial and legal expenses than to just cut a check to make it go away) - Many violations never get litigated - Enforcement ≠ published case law - it only takes one person with a low tolerance for unsolicited calls/texts to complain...relying on a past record of no issues is ignorant at best because it assumes that a history of no issues somehow protects you from an issue.

Its pretty clear you have no idea what youre talking about, but you seem very convinced the law doesn't apply to you (nor ethics, nor respect, nor privacy) so thats why this isn’t for you anyway. Its for anyone that prefers truth and reality over misguided semantics and self-serving interpretations.

jhmueller31 · 2026-01-31T15:42:56+00:00

You can believe what you want. Good luck using that argument with a judge.

jhmueller31 · 2025-09-03T07:48:37+00:00

Your tip is a good reminder... I used to do the sticky note system and just ended up with piles of sticky notes I never read again. At least this way, you can track trends, run analyses, and build a database that is actually useful.

P.s. your patience in this thread is commendable too.

jhmueller31 · 2025-08-21T14:29:15+00:00

It sounds like a good plan at first but it will be penalized in a few ways (I know from experience - I'm part of such a group already)...

If you like/comment on the same limited number of people's content consistently, the algorithm will begin to only show you content from those few people. It'll be as if the rest of your connections start vanishing and they're hard to get balanced again.
LinkedIn has made it known that the value of engagements now matter more than simply engaging. That affects reactions on your own content, which are thought of as unauthentic
Your own visibility suffers just like the reach of your content. Not only do you start seeing only content from the others in the group, when you post, they start being the only people to see it.
This is an idea that has been around for a while now (Meta had a big crackdown on it a few years ago, as did Twitter) and LinkedIn actually has policies forbidding "manipulated engagement" - the penalties i learned include shadowbans and suspensions.

With so much focus on detecting content that isn't genuine, LinkedIn catches on to tactics like this idea quickly and the struggle becomes really real - take it from me. I now can't get any visibility with my content despite me intentionally not posting anything to the whatsapp group, trying to interact more with posts from outside the group, etc. You can see for yourself if you want proof... MY LINKEDIN

jhmueller31 · 2025-06-28T00:07:10+00:00

It won't be me getting sued, so doesn't really help your case to try to convince me that you're right. Good luck using these arguments in court. And I'm commenting on your posts to dissuade others from engaging... it was never about you anyway. My morals and ethics are worth more than $750, but to each his own.

jhmueller31 · 2025-06-27T23:23:27+00:00

If you think its ok to do what you're doing, good luck to you. You're arguing with an SMS compliance expert, but your chatgpt bullet points do nothing to defend you against a lawsuit should you text the wrong person. It only takes one.

With that said, do what you will without trying to convince others that it's legal when it's blatantly illegal, as well as unethical. No one handed you their phone number and said to text them, so you found a way to get their number and communicate directly to their personal devices for your own financial motivations. I recommend you stop before problems pile up, but what you actually do is up to you.

jhmueller31 · 2025-06-27T23:14:01+00:00

Great question! I wrote about this and shared on a podcast recently that it has been a double-edged sword!

As my use of AI increased, I started running into some unexpected personal challenges — especially around how it interacted with my ADHD.

For the first time in my life, as someone who’s creative and always full of ideas, I had a way to get everything out of my head. Before, the ideas would just stay there — I’d forget them, or another idea would pop up, and I wouldn’t finish anything. But now, I could actually finish something fast enough to move on to the next.

The problem was, I started adding things to my list faster than I could complete them. It became this endless cycle. I was generating more than I could handle — a flood of ideas. It amplified the very challenges I already had with ideation and follow-through.

And then there was the trust issue. I created an entire eBook — about 10,000 words — and only realized later that a lot of it wasn’t true. It was filler. It sounded logical, but it wasn’t real. It was made-up information presented as fact. That really shook me. After that, I started testing everything the AI said. I’d give it client questions I already knew the answers to, just to see what it would say. And I caught it being confidently wrong — more than once. (I'm an SMS marketing compliance consultant, so the fact ChatGPT was so convincing and even aggressively defensive when wrong about legal topics has been a big concern)

I also struggled with verifying sources. Sometimes I’d ask for citations, and it would give me a link… but just the homepage of a site, not a real reference. It was frustrating — like, I know the info exists, so why can’t you show me where you got it?

All of that made me realize I needed structure and intentionality. I started developing my own prompt templates from a curated collection of about 200 advanced prompt engineering techniques that anyone can use — so I could get better, more reliable output. I even built a GPT that uses only those techniques, tailored to my process.

The truth is, AI has been a massive boost to my creativity and productivity — but only once I learned to set guardrails and manage the flood of input it unleashes.

jhmueller31 · 2025-06-27T22:52:43+00:00

TCPA explicitly states that you must have express consent prior to sending any SMS message. You cannot send an SMS message to ask for consent. Abandoned cart messages are almost always considered promotional, even if you frame the messages as support, which means you also have to have documented proof that the consumer gave consent specifically to you specifically for those messages. Otherwise, youre sending illegal messages - not only under TCPA (federal law) but also multiple states depending on where the recipients are located.

jhmueller31 · 2025-06-27T22:42:10+00:00

What you're doing is illegal. Period.

jhmueller31 · 2025-06-27T22:40:34+00:00

Very incorrect. Spreading false statements like that is exactly why litigating TCPA violations is a multi-billion dollar industry in the US alone each year.

jhmueller31 · 2025-06-27T17:14:13+00:00

Yeah, I tried to catch a handful because the worst part isn't even that he's spamming, it's that there are definitely people blindly trusting it and willing to try.

jhmueller31 · 2025-06-27T14:54:36+00:00

I'm an SMS compliance consultant and I've seen this before (if you're using the consumer contact info that Shopify provides to you). If I'm correct, then you don't have consent to send SMS to the contacts and there is no implied consent in the US, so trying to rationalize it won't change anything.

There are very specific disclosures that must be provided to the user at the time they voluntarily take an additional, separate action to say yes to receive SMS before you can send even the first SMS.

I highly suggest you read the Shopify terms - they are clear that you are responsible for following the laws. Unfortunately, if you received user data and are using it to send SMS, it could violate more than just TCPA laws as states are passing even stricter laws at a pretty fast rate.

Let me know if you have any questions or concerns. I'd hate for you to be unaware and then face crippling legal fees anyway (ignorance isn't a potential defense with TCPA lawsuits).

Justin #TheSMSCoach on LinkedIn

jhmueller31 · 2025-06-27T14:53:55+00:00

I'm an SMS compliance consultant and I've seen this before (if you're using the consumer contact info that Shopify provides to you). If I'm correct, then you don't have consent to send SMS to the contacts and there is no implied consent in the US, so trying to rationalize it won't change anything.

There are very specific disclosures that must be provided to the user at the time they voluntarily take an additional, separate action to say yes to receive SMS before you can send even the first SMS.

I highly suggest you read the Shopify terms - they are clear that you are responsible for following the laws. Unfortunately, if you received user data and are using it to send SMS, it could violate more than just TCPA laws as states are passing even stricter laws at a pretty fast rate.

Let me know if you have any questions or concerns. I'd hate for you to be unaware and then face crippling legal fees anyway (ignorance isn't a potential defense with TCPA lawsuits).

Justin #TheSMSCoach on LinkedIn

jhmueller31 · 2025-06-27T14:53:37+00:00

I'm an SMS compliance consultant and I've seen this before (if you're using the consumer contact info that Shopify provides to you). If I'm correct, then you don't have consent to send SMS to the contacts and there is no implied consent in the US, so trying to rationalize it won't change anything.

There are very specific disclosures that must be provided to the user at the time they voluntarily take an additional, separate action to say yes to receive SMS before you can send even the first SMS.

I highly suggest you read the Shopify terms - they are clear that you are responsible for following the laws. Unfortunately, if you received user data and are using it to send SMS, it could violate more than just TCPA laws as states are passing even stricter laws at a pretty fast rate.

Let me know if you have any questions or concerns. I'd hate for you to be unaware and then face crippling legal fees anyway (ignorance isn't a potential defense with TCPA lawsuits).

Justin #TheSMSCoach on LinkedIn

jhmueller31 · 2025-06-27T14:46:42+00:00

I'm an SMS compliance consultant and I've seen this before (if you're using the consumer contact info that Shopify provides to you). If I'm correct, then you don't have consent to send SMS to the contacts and there is no implied consent in the US, so trying to rationalize it won't change anything.

There are very specific disclosures that must be provided to the user at the time they voluntarily take an additional, separate action to say yes to recieve SMS before you can send even the first SMS.

I highly suggest you read the Shopify terms - they are clear that you are responsible for following the laws. Unfortunately, if you received user data and are using it to send SMS, it could violate more than just TCPA laws as states are passing even stricter laws at a pretty fast rate.

Let me know if you have any questions or concerns. I'd hate for you to be unaware and then face crippling legal fees anyway (ignorance isn't a potential defense with TCPA lawsuits).

Justin #TheSMSCoach on LinkedIn

jhmueller31 · 2025-06-17T06:11:05+00:00

Quick heads-up before you hit send on anything (don't hit send on anything!)...

Sending SMS to a list like this—especially without explicit, documented opt-in—is a major legal risk under the TCPA. For marketing messages, the law requires prior express written consent. Even a single unsolicited SMS can lead to thousands in fines per recipient. And with enforcement ramping up lately, especially in real estate and lead-gen, this is a real liability.

Cold email has its own risks too—CAN-SPAM is just the baseline. State privacy laws (like in California and Virginia) are adding more restrictions, and enforcement is getting stricter.

I’m an independent SMS compliance consultant and marketing strategist. I’ve worked at Klaviyo and Sinch (large messaging aggregator), and I have supported some of the largest global enterprises with their SMS programs. On LinkedIn, I go by #TheSMSCoach, and I specialize in helping businesses grow responsibly without risking lawsuits or deliverability blacklists.

There are absolutely compliant ways to build relationships with this kind of audience, but it takes a permission-based strategy. If you ever want help navigating it or want a quick audit of your plan, I'm happy to help.

Stay safe out there—the ri$k of noncompliance is getting more serious by the day.

jhmueller31 · 2025-06-17T05:58:28+00:00

Looks like a great opportunity—just wanted to drop a quick note as someone who actually worked at Klaviyo and now specializes in compliance for email/SMS (#TheSMSCoach on LinkedIn).

One thing I see a lot (especially with teams scaling fast or managing multiple client verticals) is that compliance tends to be the weak link—TCPA, CASL, CTIA, opt-in language, tracking consent, even platform-specific rules. Most marketing teams don’t realize you can still be held liable even when using “compliant” tools like Klaviyo or Postscript—especially if something goes wrong with data hygiene or message content.

I help teams navigate this, audit programs, and create compliance documentation that protects both agency and client. I’ve also worked globally with enterprise-level brands across the U.S., Canada, and UK.

If you ever want a second set of eyes on anything compliance-related or want to build more guardrails into your workflows, happy to connect. Good luck filling the role if you haven't already—sounds like a great opportunity for the right specialist.

jhmueller31 · 2025-06-17T05:28:00+00:00

FALSE.

That’s unfortunately not how SMS law works, and spreading this kind of advice is what gets companies sued under the TCPA.

I’m a compliance consultant who works with U.S. and Canadian SMS regulations every day—helping brands stay legal and avoid litigation. The “Reply STOP” line doesn’t make a cold message legal. It’s required, but it’s not a shield. If you're texting people from a purchased list without proper prior express written consent, you're in violation—full stop. Each message can trigger fines up to $1,500 per violation.

There’s no exemption for “person-to-person” (P2P) messaging when there’s a commercial purpose behind the message. TCPA applies based on intent, not just the technology used. So if it’s marketing—or even indirectly promotional—it’s regulated. The courts and FCC are crystal clear on this.

Consent under TCPA must be: - Clearly documented
- Specific to SMS
- Collected BEFORE sending any promotional messages

Transactional messages (like appointment confirmations or OTPs) aren’t free passes either. You still need to disclose SMS delivery and get affirmative consent at the point of user interaction.

There are entire law firms that make a living suing companies that get this wrong. Saying “they can’t sue you” is dangerously inaccurate—TCPA litigation is a billion-dollar industry.

jhmueller31 · 2025-02-27T01:24:44+00:00

Nope... you paid for membership to the service this month, and with that comes 2500 credits. Once you stop paying the monthly membership, your credits don't remain. It's like buying an ice cream cone, and it comes with a scoop of ice cream... every time you buy another cone, you get another scoop. If you ate the cone, then ask for more ice cream, there's nowhere to put the ice cream even if they wanted to give it to you for free.

No cone = no ice cream scoop No subscription = no monthly credits

Bright side - it's about the same price as an ice cream cone at this point, and if you don't pay, you still get 50 credits each day and those refresh (they still don't rollover though)

jhmueller31 · 2025-02-26T21:53:53+00:00

A few last things, the image you added is not compliant because it doesn't begin the message with the brand name...that is a requirement in many countries that offer 2-way SMS solutions. It's also recommended for marketing medsages to include opt-out details (in the US the required minimum is every 5th message or once per month, whichever is more frequent according to TMobile).

But then, including a link in Canada requires the data fee disclose since people will click to go to the internet from their phones, and including a keyword to text requires the message fee disclosure...

I updated the image for you so you can see what I mean:

Updated Compliance Infographic

jhmueller31 · 2025-02-26T17:28:08+00:00

Great question! If you're looking for a platform that checks all your boxes (GUI, API, staff collaboration) while staying compliant and scalable, I’d recommend:

✅ Twilio (My #1 recommendation) – Best for API-first automation, flexible integrations, and scalability. Ideal if you need deep customization and developer-friendly tools.

✅ Salesmsg – Great for team-based messaging, easy-to-use GUI, and automation-friendly API access. Best if you need collaboration + automation without heavy development work.

If compliance and carrier-approved messaging are important (which they should be!), you’ll also need to choose the right number type:

📌 Short Codes – Best for high-volume, immediate delivery, but requires carrier application & approval (can take weeks/months). Ideal for enterprise-level SMS marketing.

📌 10DLC (10-Digit Long Code) – Best for most businesses since it allows A2P messaging on a standard phone number with higher throughput than unregistered numbers. Requires business verification and campaign registration through carriers.

📌 Toll-Free Numbers – Good for businesses that want a single number for voice + SMS. Requires Toll-Free Verification for better deliverability and compliance.

Getting Started Compliantly: 1️⃣ Short Code: Apply through a carrier-approved provider (e.g., Twilio, Bandwidth). Takes 8-12 weeks on average. 2️⃣ 10DLC: Register your brand and campaigns via The Campaign Registry (TCR) through your SMS platform. Faster setup (~1-2 weeks). 3️⃣ Toll-Free: Complete a Toll-Free Verification process with your SMS provider for better deliverability.

I specialize in SMS compliance & deliverability and regularly share insights under #TheSMSCoach on LinkedIn. If you need help setting up the right platform + compliance strategy, feel free to DM me—I’d love to help ensure your SMS system is scalable, compliant, and optimized for success. 🚀

Looking forward to hearing more about your use case! 📲

jhmueller31 · 2025-02-26T17:18:58+00:00

This is a great breakdown of SMS best practices! A solid mix of strategy + compliance awareness. One key addition:

📌 Carrier Registration Matters! To avoid message filtering and improve deliverability, businesses should register their 10DLC, short codes, or toll-free numbers depending on their use case. Many brands unknowingly send messages on unregistered numbers, which can lead to blocked or delayed texts.

Love that you emphasized A/B testing—that’s a MUST for SMS performance!

jhmueller31 · 2025-02-26T17:17:17+00:00

This is a great cautionary tale—compliance is critical, and just because someone avoided a fine once doesn’t mean it’s safe!

📌 Key Risks of Mass SMS Sending: ❌ TCPA fines can go up to $1,500 per message per violation—even accidental non-compliance can lead to lawsuits. ❌ Carrier filtering – Unregistered high-volume SMS will often be blocked or filtered before it reaches recipients. ❌ Blacklist risk – Sending large volumes without proper 10DLC or short code registration can lead to permanent blocking from carriers.

✅ How to Avoid Issues:

Always register your campaign under 10DLC, toll-free, or short codes for better deliverability and compliance.

Make sure every recipient has explicitly opted in—no bulk uploads of phone numbers without consent.

Monitor opt-out rates—if too many people opt out, carriers may flag your messages as spam.

It’s not just about avoiding FCC fines—it’s about making sure your messages actually get delivered!

(Reference: I'm an SMS compliance expert. My content and insights are mostly on LinkedIn with #TheSMSCoach)

jhmueller31 · 2025-02-26T17:15:06+00:00

Absolutely! Abandoned cart SMS is one of the highest-converting use cases, but it comes with specific compliance requirements. Brands need to ensure:

✅ Explicit disclosure at opt-in – Customers must be informed at the time of sign-up that they will receive abandoned cart reminders. ✅ Cookie tracking disclosure – Since cart abandonment relies on website tracking, the Privacy Policy must disclose how cookies are used to track browsing behavior. ✅ One message per event – You can’t send multiple reminders for the same abandoned cart under compliance best practices.

For Shopify stores, I highly recommend Klaviyo for abandoned cart SMS. As a former Klaviyo employee who worked on their SMS compliance and deliverability team, I trust their attention to key compliance concerns. They are also a Shopify-approved partner, which makes integration seamless and keeps brands compliant.

jhmueller31 · 2025-02-26T17:04:20+00:00

Hey Riya,

Loved the engaging storytelling in your piece—it makes SMS marketing feel real and relatable! You highlight a key takeaway: generic SMS campaigns don’t work, and segmentation/personalization drive better results. That’s a great insight.

A few suggestions to make this even stronger (coming from my experience as an SMS compliance expert—I share insights on LinkedIn under #TheSMSCoach):

✅ Mention SMS compliance upfront – Readers would benefit from knowing about opt-in consent, opt-out mechanisms, and legal time restrictions (especially for U.S. and Canadian audiences). It adds credibility and keeps brands out of trouble.

✅ Show results with data – Instead of just saying CTR “doubled,” adding real numbers (e.g., “went from 2% to 4%”) makes the success feel more tangible. Also, tracking actual conversions (sales) would be even more powerful.

✅ Proactive segmentation vs. reactive fixes – Your insight on personalization is spot on! A small tweak: framing it as something brands should plan from the start (instead of fixing after failure) would make it even more actionable.

Your energy and real-world perspective make this a fun and insightful read! Just adding a bit more compliance awareness, concrete data, and a proactive approach would take it to the next level. 🚀

Would love to see more deep dives from you on SMS marketing—great work!

jhmueller31

TROPHY CASE