Misleading SMS CTAs

Day 4: Non-SMS Actions That Double as SMS Opt-Ins

Congrats! You’ve Won… a Subscription You Didn’t Want

Ever enter a sweepstakes, download a guide, or RSVP for an event only to find yourself bombarded with texts you didn’t knowingly sign up for?

“Vote for your favorite!” “Enter to win!” “Claim your free gift!”

At first glance, these seem like harmless calls-to-action (CTAs). But for unsuspecting consumers, they often double as hidden opt-ins—leading to confusion, backlash, and lawsuits. When brands blur the line between action and consent, they risk eroding trust, violating regulations, and facing costly penalties.

Why Misleading CTAs Are Risky

Hidden opt-ins are non-compliant under regulations like the TCPA, GDPR, and CASL, which demand clear and explicit consent for SMS marketing. These tactics come with significant downsides:

• Confuse Consumers: Many people don’t realize they’ve opted in until the messages start rolling in.
• Damage Trust: Feeling misled, consumers quickly unsubscribe and may lodge complaints.
• Trigger Legal Trouble: Misleading CTAs frequently lead to costly lawsuits and settlements that harm finances and reputation.

Real-World Cases Highlight the Risks

1. Bobo v. Clover Network, LLC (2024)

Clover Network faced allegations of sending telemarketing texts without proper consent, including messages sent to numbers on the National Do Not Call Registry.

• Settlement: $15 million; class members received $60 per valid claim.
• Learn more: Bobo v. Clover Network, LLC Settlement Website

2. Cassidy v. Real Good Foods, LLC (2024)

Real Good Foods allegedly sent unsolicited promotional messages and continued texting even after opt-out requests.

• Settlement: $1.25 million; class members received $8.25 or a $25 product voucher.
• Learn more: Cassidy v. Real Good Foods, LLC Settlement Website

3. MedMen Enterprises Inc. (2023)

MedMen violated the Florida Telephone Solicitation Act (FTSA) by sending promotional texts without proper consent and ignoring opt-outs. This state-specific case shows how compliance requires attention beyond TCPA.

• Settlement: Over $5 million.
• Learn more: MedMen Faces Mad Fines in Florida Mini-TCPA Lawsuit

Examples of Misleading CTAs

1. Voting or Poll Participation: “Vote for your favorite” implicitly enrolls users in SMS programs unless disclosures are explicit.
2. Sweepstakes or Contest Entries: “Enter to win!” often signs participants up for recurring texts.
3. Free Offers or Samples: “Claim your free gift” may subscribe users without clear consent.
4. Download Prompts: “Access exclusive content” sometimes includes hidden terms.
5. Event Registration: “RSVP for our event” can double as opt-ins for future communications.
6. Survey Participation: “Complete this survey for a reward” may lead to unintentional subscriptions.

Compliance and Best Practices

1. Clearly Separate Consent from Actions: Avoid tying SMS consent to non-SMS actions like voting, downloading, or RSVPing. Instead, provide users with a choice:
2. Implement Double Opt-Ins: Require users to confirm their subscription through a separate step, like replying “YES” to a confirmation text.
3. Avoid Bundled Consent: Don’t tie SMS opt-ins to unrelated actions, as discouraged by GDPR, TCPA, and CASL.
4. Ensure Easy Opt-Outs: Clearly communicate how users can unsubscribe (e.g., “Reply STOP to opt out”).
5. Pay Attention to State Laws: Beyond federal regulations like the TCPA, state laws like the FTSA impose additional requirements for consent and transparency.

Why You Need The SMS Coach

Compliance isn’t just about avoiding penalties—it’s about building trust and fostering meaningful engagement. The cases above demonstrate how minor missteps can spiral into major issues, especially when state-specific laws like the FTSA add extra layers of complexity.

As The SMS Coach, I specialize in demystifying SMS compliance. From auditing your CTAs to ensuring every opt-in meets legal and ethical standards, I provide the expert guidance your brand needs to navigate this tricky terrain. With 2025 fast approaching, now is the time to ensure your SMS strategy is transparent, compliant, and built for long-term success.

Let’s Discuss: Have you encountered misleading CTAs, either as a marketer or a consumer? Share your experiences in the comments!

?? Help others avoid the pitfalls of non-compliance: Like, share, and react to spread awareness about ethical SMS marketing practices.

12 Days of SMS Compliance Sneak Peek – What’s in the Series

Day 1: Opt-Out Oversights: Clear Requests, Ignored Risks

Day 2: The Lifetime Consent Myth: Why SMS Permissions Aren’t Forever

Day 3: Trusting Features Over Compliance: The Automation Trap

Day 4: Misleading CTAs: Actions That Double as Opt-Ins

Day 5: Uninformed Consent Equals Spam: Transparency Matters

Day 6: Co-Branded Campaign Confusion: Shared Opt-Ins, Shared Risks

Day 7: CTA Design Deception: When Poor Design Violates Compliance

Day 8: Platform Limitations Don’t Excuse Non-Compliance

Day 9: Spam Tactics by Design: Irrelevant and Excessive Messaging

Day 10: Overconfidence in Past Success: Why Yesterday’s Record Doesn’t Protect You

Day 11: P2P Routes for B2C Campaigns: A Risky Shortcut

Day 12: Outsourcing Accountability to Lead Generators: The Buck Stops With You