SMS is the highest-ROI outreach channel in MCA right now — for shops that operate inside the rules. It's also the channel where the most TCPA settlements get filed. Both things are true.
The legal foundation
Sending SMS to a wireless number using equipment that qualifies as an autodialer requires prior express written consent. 'Written' includes electronic — a checkbox on a landing page is fine if the consent language is clear and the record is preserved.
Carrier registration through 10DLC (10-Digit Long Code) is now mandatory for B2B and marketing SMS. Unregistered traffic gets filtered or blocked at the carrier level. Registration takes 2–6 weeks.
Three frames that convert
- ▸The renewal frame: 'Hey [name], saw your funding from [funder] is approaching renewal eligibility. Would you want to see what's available before [funder] reaches out? Reply Y or STOP.'
- ▸The cash-flow frame: 'Hey [name], are you in a spot where another 50K of working capital would help you grow this quarter? Quick question, no pressure. Reply Y or STOP.'
- ▸The industry-specific frame: 'Hey [name], I work with [industry] businesses on equipment and working capital deals. Worth a quick conversation? Reply Y or STOP.'
Operational discipline
- 01.Document consent for every record before sending
- 02.Include a clear opt-out (STOP) on every message
- 03.Honor opt-outs immediately and store the opt-out record permanently
- 04.Limit send velocity — don't blast 50K messages in an hour, spread across hours/days
- 05.Use proper sender identification — your business name in the first message
- 06.Track replies and disposition them — uncalled positive replies are pure waste
What gets shops sued
- ▸Buying lists with vague or missing consent and SMS-blasting
- ▸Continuing to text after STOP
- ▸Sending pre-recorded voice or ringless voicemail to mobile numbers without consent
- ▸Texting numbers reassigned from a consenting party to a non-consenting one
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