STOP Texting Moving Leads! Lawsuits vs. Compliant Marketing

Written By David Wagner

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STOP Texting Random Homeowners! (Unless You Want to Go Bankrupt)

YO! It’s DJ, back again to help you level up your moving business, book more jobs, and—most importantly—keep that profit in your pocket and out of a lawyer's bank account.

Listen, I get DMs every week: "Bro, I just bought a list of 500 people selling their homes in my city. Can I just blast them all with a text offering 10% off?"

NO. Stop right there. Put the phone down.

If you are out here blasting texts to strangers who didn't ask for it, you are playing Russian Roulette with your business. You think you're hustling? You're actually painting a target on your back for professional litigators who eat moving companies for breakfast.

Today, we’re breaking down the difference between Smart Hustle (Legal) and Rookie Mistakes (Illegal). Let’s get into the nitty-gritty of why texting is dangerous, why email is your secret weapon, and how the government just changed the game on shared leads.

📱 The "Easy" Way is the Expensive Way (TCPA Nightmares)

Here’s the deal, fam. There is a federal law called the TCPA (Telephone Consumer Protection Act).

In plain English? It says you cannot use an auto-dialer or mass-texting software to hit up a cell phone unless that person gave you express written consent.

"But I bought the list!" Doesn't matter. Buying a list of numbers does not equal consent.

Here is the math that should scare you straight:

  • The Fine: It’s up to $1,500 PER TEXT.

  • The Scenario: You blast 1,000 homeowners.

  • The Math: 1,000 x $1,500 = $1.5 MILLION DOLLARS.

One bad campaign. Game over. Trucks seized. Business closed. Don't be that guy.

The "Smart" Hustle: Cold Email & B2B

Now, you want to know how the big dogs do it? We don't spam homeowners or realtors; we build relationships with the people who control the homeowners. Real Estate Agents.

Unlike texting, Cold Emailing falls under the CAN-SPAM Act. The government is way more chill about email, as long as you aren't being shady.

The Golden Rule of Email: It’s an "Opt-Out" system.

  • You can email a Realtor you found online to introduce yourself.

  • You must include your physical address in the footer.

  • You must have an "Unsubscribe" link.

If they say "stop," you stop. Simple. But you don't need permission to send that first hello. This is how you build a referral pipeline that feeds you jobs all year long without risking a lawsuit.

The Lead Gen Apocalypse (FCC Update 2025)

If you've been buying those cheap "shared leads" (you know, where the homeowner gets called by 15 movers in 3 seconds), listen up.

The FCC just closed the "Lead Generator Loophole."

The Old Way: A customer checks a box on CheapMovingQuotes.com that says "I agree to be contacted by marketing partners." That site sells that data to 5,000 companies. The New Way: Consent must be 1-to-1. The customer has to specifically check a box that says "I want to hear from [YOUR COMPANY NAME]."

What this means for you:

  1. Shared leads are going to get more expensive or disappear.

  2. Your own organic marketing (SEO, Google Business Profile, Referral Network) just became the most valuable asset you own.

The Bottom Line

Don't step over dollars to pick up pennies. Texting random numbers feels like a quick win, but the risk is too high.

Do this instead:

  1. Focus on Inbound: Make sure when people search "Movers near me," you show up. If they call you, you can text them back. That's safe.

  2. Network B2B: Email Realtors, Property Managers, and Apartment Complexes. Stay CAN-SPAM compliant.

  3. Use the Phone (Correctly): Hand-dialing is safer than auto-dialing, but check your local state laws (especially if you're in Florida or Oklahoma—y'all have crazy strict rules).

Work Hard, Work Smart, and Don’t Sweat the Small Stuff. 🚛💨

- DJ Wagner

Full Compliance Research Report

Topic: Federal & State Regulations on Cold Outreach for Service Businesses

1. Federal Regulations: The "Big Two"

A. The Telephone Consumer Protection Act (TCPA) - The "Do Not Text" Law

  • Statute: 47 U.S.C. § 227

  • Core Restriction: Prohibits the use of an "Automatic Telephone Dialing System" (ATDS) or artificial/prerecorded voice to contact cellular telephones without Prior Express Written Consent.

  • The "Autodialer" Trap: While the Supreme Court (Facebook v. Duguid, 2021) narrowed the definition of an ATDS to devices that use a random or sequential number generator, lower courts and state laws often use broader interpretations. Using mass-texting platforms (CRMs that blast lists) is high-risk.

  • Damages:

    • $500 per violation (per text/call).

    • $1,500 per violation for "willful or knowing" violations.

    • No Cap: Class action lawsuits frequently aggregate these fines into the millions.

B. The CAN-SPAM Act - The "Safe Email" Law

  • Statute: Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003.

  • Core Concept: Establishes an "Opt-Out" mechanism. You do not need prior consent to send a commercial email, but you must comply with strict formatting.

  • Mandatory Requirements:

    1. No False Headers: The "From" name and email must be accurate.

    2. No Deceptive Subject Lines: The subject cannot mislead the recipient about the content.

    3. Identify as Ad: You must disclose clearly that the message is an advertisement.

    4. Location: You must include a valid physical postal address (Current street address, PO Box, or private mailbox).

    5. Opt-Out: You must provide a clear way to unsubscribe, and you must honor that request within 10 business days.

2. The "Lead Gen Loophole" Closing (FCC Update)

  • Ruling: FCC Second Report and Order (FCC 23-107).

  • Effectiveness: Enforcement rolled out late 2024/Jan 2025.

  • The Change: The FCC mandated "One-to-One Consent."

    • Previously: Lead aggregators could obtain consent for "marketing partners" (a hyperlink list of thousands of companies) and sell that lead to anyone.

    • Currently: Consent must be logically and topically related to the website where it was given, and the consumer must agree to receive calls/texts from one specific seller at a time.

  • Impact on Movers: Buying aged leads or shared leads where the consumer did not explicitly select your moving company brand is now a violation of the TCPA if you contact them via automated means.

3. "Mini-TCPAs" (State-Level Risks)

Several states have enacted laws stricter than the federal TCPA. Movers operating in or calling into these states face heightened risks.

Florida (CS/SB 1120) - The "Florida Telemarketing Act"

  • Autodialer Definition: Broader than the federal definition; includes systems that automatically select and dial numbers (even if not random).

  • Curfew: No marketing calls/texts before 8:00 AM or after 8:00 PM (local time of the recipient).

  • Frequency Cap: No more than 3 attempts (calls or texts) to the same person regarding the same subject matter within a 24-hour period.

Oklahoma (Telephone Solicitation Act - TSA)

  • Modeled closely after Florida.

  • Creates a private right of action (citizens can sue you directly) for violations.

  • Heavily regulates the use of automated systems for sales calls/texts.

Washington (CEMA)

  • Strictness: One of the most plaintiff-friendly states.

  • Presumption: Presumes texts sent to area codes within the state are commercial.

  • Damages: Statutory damages can be awarded even without proving actual harm.

Legal Risk Matrix

Outreach Method Law Consent Model Risk Level
Cold Texting
Automated / Blasts		 TCPA Opt-In Required Critical ☠️
Ringless Voicemail
"Slydial" Drops		 TCPA Opt-In Likely Critical ☠️
Cold Calling
Manual Dialing		 TSR DNC Check High ⚠
Cold Email
B2B / Realtors		 CAN-SPAM Opt-Out Only Low / Safe ✅
Direct Mail
Postcards		 Postal Regs Public Data Low / Safe ✅

State Law Matrix (2026)

State Risk Level Key 2026 Restrictions
Washington Critical ☠️ No Cold Texting: Strict liability for unconsented texts to residents.
Email Trap: Misleading subject lines are illegal (e.g., "Urgent" when it's just an ad).
  • $500 per violation statutory damages.
Florida High Risk ⚠ "Mini-TCPA": Broad definition of autodialer.
Curfew: No calls/texts 8 PM - 8 AM.
Defense: 15-day "cure" period allowed for text message violations before suing.
Maryland Critical ☠️ Stop the Spam Calls Act: Prohibits "automated systems" without written consent.
Cap: Max 3 attempts per 24 hours.
Assumption: MD Area Code = MD Resident (Strict).
Texas High Risk ⚠ Registration: Cold texters must register with Secretary of State ($10k bond).
Damages: Violations fall under DTPA (Triple Damages permitted).
Exemption: Registration not required if you have written consent.
Oklahoma High Risk ⚠ 3-Strike Rule: Max 3 calls/texts per 24 hours on same subject.
B2B Limits: B2B exemption only applies to businesses older than 3 years with 50% repeat customers.
Maine Operational ⚙️ RND Mandate: You must scrub lists against the federal Reassigned Numbers Database to ensure the number hasn't changed owners.
David Wagner
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