Cold messaging (email, text, calls) is generally not inherently illegal, but it becomes illegal if it violates specific anti-spam/privacy laws like Australia's Spam Act or the US TCPA, primarily by sending unsolicited commercial messages without consent, failing to identify the sender, or lacking an unsubscribe option, with significant fines possible for breaches. The key is consent: you need permission to send marketing messages electronically, especially via text/email, making "warm" outreach much safer.
Yes, cold texting is illegal. The Telephone Consumer Protection Act (TCPA) requires businesses to get consent to text each customer. This consent is known in the industry as an SMS opt-in. Your company may face hefty fines if you don't obtain this opt-in.
Friendly reminder: if you're marketing in Australia, cold email is illegal. Not frowned upon. Illegal – as in, prohibited under the Spam Act 2003 and enforced by ACMA. Most playbooks that recommend cold email are formulated in the US for US markets.
A salesperson can only cold call or approach a consumer at certain times. They must hang up or leave if the consumer asks them to. The salesperson must tell the consumer who they are, what business they represent, and why they are calling or visiting.
Yes, it is legal to send cold emails as long as they comply with the CAN-SPAM Act in the United States, which includes requirements like not using deceptive subject lines, providing an easy opt-out option, and including accurate sender information.
The CAN-SPAM Act does not give consumers who have received spam email standing to file a private lawsuit for damages. Instead, private citizens must rely on the Federal Trade Commission ("FTC") or state attorneys general to sue on their behalf to recover damages, impose civil penalties, or impose injunctions.
The 30/30/50 rule for cold emails is a strategic guideline for allocating effort: 30% on researching and list building, 30% on crafting personalized, valuable content, and 50% on persistent, value-driven follow-ups, recognizing that follow-ups are crucial for success, with many replies coming from later messages. It emphasizes quality over quantity, focusing on relevance and persistence to achieve higher response rates.
No, it's not illegal to cold call in the United States—but there are very specific cold calling laws that dictate how, when, and to whom you can make those calls. Failing to follow these regulations can result in hefty penalties, some reaching over $50,000 per violation.
If a dispute exists between the provider and the receiver regarding the relevant charge for uncollected goods, either party may apply to a court for an order determining the amount of the relevant charge payable to the receiver.
So, to sum up, AI for cold calling is not illegal in Australia, however, all businesses must comply with these regulations by respecting the Do Not Call register and avoiding high-pressure sales tactics.
FCC rules ban text messages sent to a mobile phone using an autodialer unless you previously gave consent to receive the message or the message is sent for emergency purposes. For commercial texts, your consent must be in writing.
The email 60/40 rule is a design guideline recommending emails should contain roughly 60% text and 40% images, balancing visual appeal with deliverability to avoid spam filters and ensure messages are readable even if images are blocked. This balance makes emails more engaging, improves accessibility (with alt text), and helps content load faster, ensuring the core message gets through when images don't display by default.
Further offences may apply where a person, who has unlawfully recorded a private conversation, then communicates or publishes that conversation to someone else — unless the publication or communication is made to a person who was a party to the private conversation or with the consent of a party to the conversation.
Texts Alone Rarely Secure Convictions
Text messages are often introduced as evidence, but they rarely carry enough weight on their own to secure a conviction. Courts want more than a short line of text and usually expect other forms of proof to back it up.
Under a new FCC rule taking effect January 27, 2025, agents and brokers promoting real estate services must obtain consent directly from the consumer, known as 1-to-1 consent, before using an ATDS or sending artificial or prerecorded voice messages.
Key takeaways. Avoid sending cold emails that are poorly researched, overly gimmicky, or focused on the sender's needs rather than the recipient's, as these often come across as unprofessional and are quickly deleted.
Yes, reporting to the Australian Competition and Consumer Commission (ACCC) does something significant: it informs their work to address widespread issues, leading to investigations, enforcement actions (like fines or court cases), and consumer/business education, even though they don't resolve individual complaints or provide legal advice. Your report helps them identify systemic problems and prioritize cases that could affect many people, potentially leading to broader market changes and protecting other consumers.
Section 42 of the Australian Consumer Law (ACL) primarily deals with unsolicited services, stating that a consumer isn't liable to pay for services they didn't request, nor for any loss or damage to the supplier from providing them. It prevents businesses from forcing payment for unsolicited services, protecting consumers from unwanted offers, and ensuring they only pay for what they agree to receive.
Consumer rights to a repair, replacement or refund, contract cancellation, claiming compensation for damages and loss, warranties.
The 80/20 rule, based on the Pareto Principle, means that 80 percent of your results come from 20 percent of your efforts. In cold calling, this translates to focusing on the leads most likely to convert instead of treating all prospects the same. Start by reviewing your call data to find patterns.
“You can sue [robocallers] under the Telephone Consumer Protection Act, the TCPA, which is a statute enacted in 1991 by Congress to try and combat these robocalls,” says says Todd M. Friedman, a consumer law attorney in Woodland Hills, California. “It's $500 or $1,500 per call.” When should you call an attorney?
Yes, cold emailing is legal. But it must follow strict email marketing regulations to avoid being classified as spam. This can also harm your reputation, potentially blocking your email accounts.
Basically, the 12-second rule is this idea that people decide super quickly – like, blink-and-you'll-miss-it quickly – whether they're gonna bother engaging with your email or not. It's all about making a first impression that sticks, and sticks fast.
There's no hard and fast rule regarding the ideal word count for cold emails. However, most experts suggest that the ideal length of a cold email should be between 50-125 words. This length is long enough to convey your message but not so long that your recipient loses interest halfway through reading it.
How Much Is A 1,000-Email List Worth Per Month? A commonly cited industry benchmark suggests that the average list delivers between $1-$2 in revenue per subscriber each month. For a 1,000-email list, this translates to a monthly value of $1,000–$2,000.