Email and SMS reach people directly, cost very little per message and can drive calls quickly. They are also the channels where careless publishers get into the most legal trouble. Done properly, they are a strong part of a call strategy; done badly, they can end a business.
Email: the US basics (CAN-SPAM)
- Use accurate "From", "Reply-to" and subject lines — no deceptive headers.
- Identify the message as an advertisement where required.
- Include a valid physical postal address.
- Provide a working unsubscribe link and honour opt-outs promptly (within 10 business days at most).
- You are responsible for affiliates who mail on your behalf.
Beyond the law, mailbox providers now require authentication (SPF, DKIM, DMARC), low complaint rates and one-click unsubscribe for bulk senders. Lists that were bought or scraped quickly destroy your sending reputation.
SMS: much stricter
In the US, marketing texts sent with automated systems require prior express written consent under the TCPA. Statutory damages are per message, which is why SMS class actions are so common. Also:
- Register your brand and campaigns for 10DLC (or use toll-free or short-code programs with verification). Unregistered traffic is filtered or blocked by carriers.
- Honour opt-outs sent by any reasonable means — "STOP", "unsubscribe", "don't text me" — promptly.
- Respect quiet hours and state laws, some of which limit times and frequency.
- Keep consent records showing who agreed, when, where and to what.
UK and EU
Under PECR in the UK, marketing emails and texts to individuals generally need consent, unless the narrow "soft opt-in" applies to your own existing customers. Fines for breaching PECR's marketing rules were raised substantially by the Data (Use and Access) Act 2025, in line with UK GDPR levels. Buying lists for email or SMS marketing in the UK is high risk.
Messages that drive calls
- Lead with relevance: why this person is receiving this message.
- One clear action: "Call 1-800-… to speak to an agent".
- Short. SMS especially — one or two sentences.
- Identify the sender by name in every text.
- Never imply an existing relationship, an account problem or an official notice that does not exist.
Best use: your own opt-in audience
The safest and most profitable email and SMS programs use audiences that opted in to hear from you — newsletter subscribers, past callers who agreed to follow-ups, customers of your own content sites. Send useful information, and calls follow.
BFOUNT reviews every publisher's traffic sources, including email and SMS practices, before approval. Apply here.