At this time list building through SMS and the resulting text messages you send out is a self policed industry. In theory a judge could use old land line laws when you are sued in court.
There is the potential of serious consequences to those who abuse SMS text marketing so be sure to do what your subscribers have agreed to allow you to do.
If you have not spelled out to your list that has given over their cell number to you that you will be texting them once a day than don’t do it.
Instead of texting everyday try doing text marketing once a week or once a month. People in your list have trusted you enough to give you their cell number but they don’t want to feel as though they can’t have a comfortable night out without it being interrupted by another text message asking for them to buy something.
Just use common sense and everyone can benefit from this new form of list building and marketing.