Spam is a strategy… until it isn’t |
Yesterday, we talked about how the traditional email workflow between marketing and sales is outdated. But even when both teams collaborate, the end result too often still feels like spam.
My inbox, and probably yours, is crammed with “just checking in” emails and the occasional text message I never consented to. In writing about all of the ways that businesses can engage with buyers, I can’t help but think about the very fine line between communication and noise.
The difference? Intent and context. Without them, even well-meaning outreach turns into static. And that static is exactly what the legal system is starting to call out. |
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The most recent McLaughlin Supreme Court ruling drives the point home for SMS marketers.
For those of you who aren’t tuned into the latest legal drama, district courts no longer have to defer to the FCC’s interpretation of the TCPA, which means the legal guardrails for texting campaigns are shifting under our feet.
Combine that with conflicting rulings around Do Not Call protections and stricter opt-out requirements, and the old spray-and-pray approach isn’t just ineffective, it’s risky business.
With that being said, alignment shouldn’t mean more outreach. It should mean better outreach with fewer, smarter touch points across email, SMS, and calls that respect customer attention while keeping you on the right side of compliance. So, let’s talk about how to do campaigns the right way: without spamming customers or playing chicken with the law. |
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Campaigns built for consent |
Marketers don’t wake up hoping to annoy people, but when campaigns are built for volume instead of value, that’s the outcome. Therefore, the most recent TCPA shifts aren’t just legal updates but a wake-up call to rethink how marketing approaches outreach. |
Instead of asking “how many sends this week?”, start asking: “Who actually opted in, and what did they sign up for?” Here’s how to make that shift: |
- Redefine “opt-in.” Don’t treat it like a checkbox. Map what channel(s) people consented to and what they expect. Someone who signed up for a white paper isn’t signing up for five nurture emails and a text campaign.
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Consolidate your stack. Too many platforms = inconsistent unsubscribe flows. If a prospect opts out of email but still gets your texts, that’s a lawsuit waiting to happen. Integrated systems (such as HubSpot or Salesforce Marketing Cloud) can maintain consistent consent across all channels.
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Refresh your value exchange. Ask: what’s in it for the recipient? If your SMS isn’t delivering something truly time-sensitive, such as a webinar reminder, a limited trial, or a product update, it’s probably better suited for email (or not at all).
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Measure by engagement, not blast size. Shared KPIs, such as click-to-demo conversions, lead-to-opportunity velocity, or revenue influenced, are far better indicators than open rates or list size.
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The smartest campaigns aren’t the loudest. They’re the ones that balance compliance with credibility. As regulations shift, respecting consent doesn’t have to shrink your reach if you take it as an opportunity to sharpen your insights. And that makes the sales team’s job a whole lot easier. |
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“The New Museum of B2B Marketing” - No, it’s not a real museum (though we’d all probably buy tickets). In this tongue-in-cheek video, TechnologyAdvice CMO Tyler Lessard guides us through a “museum of B2B marketing,” complete with exhibits such as the Rise and Fall of Email Marketing and the Sales and Marketing Civil War. |
It’s a funny reminder that most of us have been guilty of tactics that feel outdated or overused, like blasting nurture emails, hiding everything behind a form, or leaning too hard on gimmicks. Why it matters: |
- Humor makes the point: When sales and marketing overdo it, buyers tune out.
- It’s another case for alignment — fewer, smarter campaigns that respect attention.
- Sometimes the best way to learn is to laugh at ourselves.
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Touchpoints that build trust |
If marketing is rethinking consent, sales needs to rethink cadence. Too often, reps stack their own outreach on top of marketing campaigns without realizing the customer’s already heard from the company three times that week.
Best case, you look disorganized. Worst case, you trigger an opt-out (or a TCPA complaint). |
Here’s how sales teams can keep the conversation sharp, legal, and buyer-friendly: |
- Check the cadence before you hit send. Before texting or emailing, glance at the CRM activity log. Has marketing already sent a nurture email this week? Has the customer engaged with it? If yes, build on it, but don’t duplicate it.
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Use SMS sparingly. Think of texts like a reserved parking space: Only use them when you know you’ve earned the right. Great use cases include confirming a meeting, sharing a link a prospect requested, or sending a timely reminder. Not-so-great: blasting product pitches to a cold list.
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Lead with value, not pressure. Instead of “Just checking in,” send a quick note like: “I saw you downloaded our onboarding case study — want to hear how another customer cut time-to-value in half?”
- Close the feedback loop. If a text or email angle lands (or bombs), tell your marketing team. That’s how campaigns get smarter, cadences get cleaner, and you both avoid stepping on each other’s toes.
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Overall, avoid treating outreach as “more touches = more chances.” In today’s compliance environment, every touch has to earn attention. A thoughtful follow-up aligned with marketing’s journey builds trust. A rogue message risks losing the deal, or worse, triggering legal exposure. |
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📑 SMS Deliverability: What You Need to Know - Your beautifully crafted text message doesn’t matter if it never reaches the customer. This piece explains how carrier filtering, poor opt-in practices, and ignoring unsubscribes kill deliverability and why respecting compliance rules is the first step to making SMS work.
- 🗺️ The Ultimate Guide to Business Text Messaging: Key Features & Best Practices - Whenever I want to learn more about messaging, I return to this guide by Marianne DG Sison at Fit Small Business, which explores how SMS and other messaging tools are evolving.
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⚖️ How Regulated Industries Are Winning at Customer Engagement - If anyone knows how to balance engagement with risk, it’s regulated industries like banking and financial services. This piece from IBM highlights real use cases where compliance-heavy sectors are still finding creative, customer-first ways to build trust and loyalty.
- ✅ SMS Compliance Checklist: What You Need To Know for 2025 - TCPA rules are tightening, and penalties for missteps are steep. This checklist guides you through the essentials: obtaining clear consent, synchronizing opt-outs across platforms, and establishing sensible messaging cadences that won’t get you flagged as spam.
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Mixed signals don’t only happen between sales and marketing. Top Class Actions highlights a string of companies accused of overstepping legal boundaries with unsolicited texts and calls. |
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Zillow → Faced a TCPA class action alleging it sent marketing texts and calls even after consumers opted out or were on the Do Not Call list.
→ Translation: Opt-outs aren’t optional. If one channel says STOP, every system must honor it. Build-A-Bear Workshop
→ The toy retailer was hit with a class-action lawsuit after customers claimed they received promotional texts without providing proper consent. What was intended as a fun, feel-good campaign instead landed the brand in court. → Translation: Even messages wrapped in warm, fuzzy branding are still spam if you don’t have permission. Consent isn’t about tone — it’s about process.
Keller Williams → Hit with allegations of blasting prerecorded calls and texts to numbers on the DNC registry. → Translation: Automation without consent isn’t efficiency, it’s a liability. |
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Faithe has spent more than a decade helping people understand the tools that move business forward. With a Ph.D. in Communication Studies, she breaks down project management, office tech, and social platforms into practical insights for sales and marketing teams. |
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