Marketing Compliance

What you can and can't do when marketing your HVAC business — by channel, with penalties.

Channel-by-Channel Rules

Email (CAN-SPAM Act)

Opt-out, not opt-in. You can email past customers without prior consent. But every commercial email must include: a working unsubscribe link, your physical address, honest subject lines, and clear identification of who's sending it.

Transactional vs commercial: Appointment confirmations and invoices are mostly exempt. Promotional emails (tune-up offers, referral requests) must comply fully. Mixed-content emails are judged by primary purpose.

Penalty: up to $53,088 per non-compliant email. Each email is a separate violation.

Text Messages / SMS (TCPA)

Opt-in required. Customer must agree in writing to receive marketing texts before you send the first one. Appointment reminder consent does NOT cover marketing messages — you need separate consent for each.

10DLC registration

Since February 2025, all major carriers block unregistered business text traffic entirely. Your texting platform (ServiceTitan, Housecall Pro, Podium) should handle registration as your Campaign Service Provider.

FCC one-to-one consent rule (January 2026)

Consent must be given to one specific business at a time. Lead forms that share data with multiple companies no longer provide valid consent for marketing.

Phone Calls (TCPA + TSR + Do Not Call)

Three separate federal rules apply, plus state rules.

The established business relationship (EBR) exemption

This is what lets you call past customers even if they're on the Do Not Call list:

In HVAC terms: repair in March = you can call through the following September (18 months) to offer a maintenance plan. But the moment they say "stop calling," you stop. Forever. Penalty: up to $53,088 per call after a stop request.

Telemarketing Sales Rule requirements

• Caller ID: Your business name and phone number must display. No spoofing.
• Hours: 8 AM – 9 PM in the customer's time zone. No exceptions.
• Internal DNC list: Anyone who says "don't call me" goes on your list. Keep it 5+ years.
• Recordkeeping: Advertising materials, sales records, call records — 24 months. Missing records are a separate violation.

Robocalls and autodialers

The EBR exemption does NOT apply to autodialed or prerecorded calls to mobile phones. Your CSR can manually call a past customer within the 18-month window. But you cannot put them into an automated calling system without written consent.

Online Reviews

• You CAN ask for reviews and make it easy (text a link after a call)
• You CAN offer incentives — but the customer must be free to leave any rating, including 1 star
• You CANNOT suppress negative reviews (buying them off, threatening removal, filtering from your website)
• You CANNOT write reviews as the business or have employees write them without disclosure

FTC Fake Reviews Rule (Oct 2024): up to $51,744 per violation, per day for ongoing violations.

Advertising Claims

• Bait-and-switch: A $29 tune-up that always turns into $300+ in "found problems" is textbook bait-and-switch. A reasonable number of customers must actually receive the advertised price.
• "Licensed and insured": If you claim it, it must be true. Advertising licensure you don't hold is a DBPR violation.
• Savings claims: "Save up to 50% on energy bills" requires substantiation before you say it.

Florida-Specific Rules

License number in advertising (FL §489.119)

Your contractor license number must appear on every advertisement, bid, offer, or proposal — website, vehicle wraps, business cards, yard signs, social media profiles, Google Business Profile, print ads, door hangers, uniforms.

Florida FDUTPA

Florida's consumer protection law is broader than federal and easier for consumers to use — individuals can sue directly. Penalty: up to $10,000 per violation ($15,000 if the victim is a senior citizen, disabled, or military). Plus attorney's fees.

Florida Do Not Call list

Separate from the national registry. Scrub against both before outbound calling campaigns.

What Records to Keep