Cold Texting Done the Compliant Way
Cold texting is sending a first sales text to a lead who has not talked to your team yet. In the US it is safe only when the lead gave prior written consent, for example on your web form. ColdTexting texts consented leads only and blocks purchased lists.
Two meanings
What people mean by cold texting
The phrase covers two very different practices. One is a fast way to reach new leads, the other is the fastest route to a TCPA claim.
First text to an inbound lead
Cold texting in the compliant sense is the first sales text to a lead who opted in, for example on your demo form, but has not talked to your team yet. The lead is cold to the rep, not to the brand. With prior express written consent on file, this text is lawful and usually the quickest way to start a conversation.
Texting a bought or scraped list
Texting a list of strangers means sending marketing texts to numbers that never agreed to hear from you. Consent cannot be bought or transferred from another company, so every one of those texts is a potential $500 to $1,500 claim and a reason for carriers to suspend the number.
| What changes | Inbound lead with consent | Purchased list |
|---|---|---|
| Consent record per contact | Yes | No |
| Allowed for sales texts under the TCPA | Yes | No |
| Accepted by ColdTexting at import | Yes | No |
| Carrier view of the traffic | Expected messages | Spam complaints and filtering |
| Typical reply | A question about pricing or a time slot | STOP or a spam report |
The full legal picture, including state rules, is in our article is cold texting legal. For teams that run this every day, the workflow is set up on the SMS for sales teams page.
The compliant process
Five steps from form fill to first reply
Each step leaves a record, so the question of whether you were allowed to text never depends on memory.
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01
Capture consent on your form
An unticked checkbox that names your business, says the lead agrees to receive marketing texts and states that agreeing is not a condition of purchase. ColdTexting stores the wording, timestamp, page and IP address.
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02
Import with a source
Every contact arrives with a consent source, from a CRM sync, a hosted form or a CSV with the consent columns filled. Rows without one are rejected before they reach a list.
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03
Check the first text
The draft gets a score before scheduling. A first sales text needs your brand, a reason for writing, a full link on your own domain and an opt-out line.
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04
Send inside the window
The message goes out within minutes of the form fill when the lead is inside local sending hours, and waits for the morning when they are not.
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05
Stop on reply or STOP
A reply pauses the sequence and lands in the shared inbox for a rep. STOP suppresses the number on every line at once.
At import
Purchased lists stop at the door
A file without consent data, or with a source such as a list vendor or a data broker, is blocked at import. The rows never become contacts, so nobody on the team can text them by mistake later. Rows that do carry consent go through, and numbers that replied STOP before stay suppressed.
On Scale and Enterprise the import also scrubs known litigator numbers and reassigned numbers. The rules behind all of this are summarized on the TCPA compliance page.
First text templates
First texts that score above 90
Each template names the brand, gives the reason for the text, asks one question and closes with an opt-out line. Scores come from the checker with consent on file.
Demo request, SaaS
Northpeak: Hi {first_name}, following up on your demo request. Do you have 10 minutes on Thursday? Reply HELP for help, STOP to opt out.
Open house, real estate
Keystone Realty: Hi {first_name}, thanks for visiting the open house at 14 Elm St on Sunday. Want the disclosure packet? Reply STOP to opt out.
Application, recruiting
Brightpath Staffing: Hi {first_name}, thanks for applying for the warehouse lead role. Are you free for a 15 minute call tomorrow? Reply STOP to opt out.
The points they lose are small warnings, such as a state with tighter sending hours or a missing HELP line. More examples sorted by stage of the deal are in our sales text message templates, and any draft can be scored in the checker above before it goes into a sequence.
FAQ
Questions about cold texting
Texting a purchased list or numbers scraped from the web without consent exposes you to TCPA claims and state law penalties. Texting a new lead who opted in on your form is allowed.
A clear written agreement, such as a checked box on a form, that names your business, says the person agrees to receive marketing texts and is not a condition of purchase.
Within minutes of the form signup. ColdTexting sequences send the first text right away, inside quiet hours, and stop when the lead replies.
Your name and company, why you are texting, one simple question and opt-out language such as Reply STOP to opt out.
Related pages
Text new leads fast without texting strangers
ColdTexting sends only to contacts with a consent record, checks the first text and stops on reply. Starter begins at $24 per month billed yearly.