Is Your DM Strategy a Lawsuit Waiting to Happen?

Why automating your messages could be opening you up to legal trouble

Hey ,

Your DM automation could cost you $1,500 per message. Under the Telephone Consumer Protection Act (TCPA), businesses need express written consent before sending promotional messages. That Instagram follow or LinkedIn connection? Not consent.

The scary part: One complaint about your "Hey! Check out my course" DM could trigger a class-action lawsuit that shuts down your business.

⚠️ What’s Non-Compliant

99% of entrepreneurs I audit are sending promotional DMs to people who never actually consented to receive marketing messages. Here's what doesn't count as consent:

  • Following you on Instagram

  • Connecting on LinkedIn

  • Downloading a freebie (unless your opt-in specifically mentions DMs)

  • Engaging with your content

Compliance Tip

Get real consent before you message people.

🛠️ Action Steps: Fix It Now

  • Pause all automated DM campaigns

  • Update your lead magnet opt-ins with compliant consent language

  • Add "Reply STOP to opt out" to all automated sequences

  • Upload to your Stan Store under “Legal” or “Disclaimers”

Going forward: Only message people who've given you written consent specifically for DMs. When in doubt, don't send it.

⚖️ The Bottom Line:

The FTC issued over $2.59 million in marketing violation fines in 2024. Your DM strategy shouldn't be one of them.

Simple rule: No consent = No DMs. Period.

📣 Bonus Copy You Can Steal:

For Instagram/Facebook Messenger (ManyChat):

Replace your current opt-in with this compliant version: "Yes! I want [your lead magnet] AND I agree to receive promotional messages from [Business Name] via Facebook Messenger. I understand I can opt out anytime by replying STOP."

For SMS Automation:

Use this exact language: "I agree to receive promotional text messages from [Business Name] at this number. Message and data rates may apply. Reply STOP to opt out."

For LinkedIn:

Stop using automation tools entirely. They violate LinkedIn's Terms of Service and can get your account banned. Instead:

  • Only message people who explicitly request information through a booking link or contact form

  • Use LinkedIn's native messaging only

  • Include this in your manual outreach: "You requested information about [topic] through my website. Here's what you asked for..."

📌 Disclaimer

The information provided in this newsletter is for general informational purposes only and does not constitute legal, tax, or financial advice. While every effort is made to ensure accuracy, laws and regulations change, and individual circumstances vary. For advice specific to your business, please consult a qualified professional.

When in doubt, consult a licensed attorney to review your compliance needs.
If you don’t have one, I’m happy to help you get connected, just schedule a quick call.

Thank you for reading.

Keep showing up, protect the business that you are building and share what you learned with a friend !

Until next time💛