Cold Texting Laws

Is cold texting illegal? What the law says in 2026 (and what to do instead).

Cold texting runs on the belief that a text is lighter than a robocall, so the robocall rules cannot apply. The TCPA's autodialer provision reaches text messages to wireless numbers, and a marketing text with no written consent behind it is where the demand letters start. Here is the plain-English version of the cold texting laws, scenario by scenario, and the prospecting that holds up.

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Quick answer

Is cold texting illegal?

In practice, yes, for consumer marketing. Under the TCPA, an autodialed marketing text needs prior express written consent. A text to a do-not-call registry number needs consent or an existing relationship, however it is sent. Carriers expect consent for every business text. Each unlawful text can cost $500, up to $1,500 if willful or knowing (October 2026).

This page covers cold outreach; the consent rules for people who already know you are in is it legal to text customers without consent. The rest of the playbook is in our SMS marketing guide.

Last reviewed: October 2026.

The stance table

Cold texting, scenario by scenario.

Each row names its rule and says where the law is unsettled.

Scenario Legal? What makes it legal Rule
Marketing text to a consumer's cell sent by an autodialer, no prior consent No Prior express written consent: a signed agreement (an electronic signature counts) naming the number, with consent not a condition of purchase. Without an autodialer, the do-not-call rule still covers registry numbers, carriers still expect consent, and Washington and California restrict marketing texts whatever the equipment 47 CFR 64.1200(a)(2), (f)(9); FCC 12-21
Marketing text to a National Do-Not-Call Registry number No, unless invited or an existing customer Prior express invitation or permission, or an established business relationship; registry copy under 31 days old 64.1200(c)(2), (f)(15); FCC 23-107 (2023)
One-off text typed by hand to a cold number Not a safe harbor The Supreme Court's Facebook v. Duguid ruling (2021) limits "autodialer" to random or sequential number generators; the do-not-call rule needs none, carriers expect consent anyway, and Florida's test is automated "selection and dialing" Facebook v. Duguid (2021); 64.1200(c)(2); CTIA (2023); Fla. Stat. 501.059
Text to a business contact's cell (B2B) No exemption in the autodialer rule; do-not-call status unsettled The autodialer rule covers any number assigned to a cellular service and has no business exception, so hold the same consent FCC 03-153 (2003); Campbell-Ewald v. Gomez (Supreme Court, 2016)
Text to an existing customer Informational: yes, oral consent suffices. Marketing: written consent still applies The relationship lifts the do-not-call bar; the written-consent rule excepts only tax-exempt nonprofits and HIPAA messages 64.1200(f)(15), (a)(2); FCC 12-21
Cold marketing text into Florida No, when an automated system selects and dials Prior express written consent; a checked box or affirmative reply is the signature. Before suing, the recipient replies STOP and the sender gets 15 days Fla. Stat. 501.059 (May 25, 2023)
Cold marketing text into Texas No, without registration or an exemption, plus the TCPA Since September 1, 2025 a marketing text is a "telephone solicitation": register with the Secretary of State ($200 fee, $10,000 security) unless exempt. One exemption covers texting current or former customers under a two-year-old business name. The Secretary of State says texting with prior consent needs no registration Tex. Bus. & Com. Code ch. 302; 305.053
Why the answer is usually no

The federal rules, and the carrier layer that bites first.

Federal law is the floor; carriers enforce their own layer first, and that is where most cold-texting programs stop.

Federal rules

  • Written consent for marketing. An autodialed or prerecorded marketing text to a cell number needs prior express written consent; a web form, text reply, keypress or voice recording carries the signature.
  • The autodialer test. Since Duguid (April 1, 2021) a system is an autodialer only if it stores or produces numbers with a random or sequential number generator.
  • Do-not-call. No telephone solicitation to a registry number (codified for texts in December 2023). Whether consumers can sue over texts under this provision is split since the Seventh Circuit said no on July 14, 2026.
  • Quiet hours. No telephone solicitation before 8 a.m. or after 9 p.m. at the recipient's location; several states stop earlier.
  • Revocation. Since April 11, 2025, any reasonable method revokes consent, and a reply of stop, quit, end, revoke, opt out, cancel or unsubscribe always does. The sender has 10 business days to honor it. The FCC adopted a rewrite on September 30, 2026 (FCC 26-67); it was not yet in effect in October 2026.

Carrier rules

  • Everyone registers, or gets blocked. Any business texting from a 10-digit number registers its brand and campaigns through a messaging provider, one-off senders included (The Campaign Registry). Unregistered traffic is blocked, and carriers can suspend every brand under an EIN.
  • The form asks how people opted in. Every opt-in method must be described in the registration (The Campaign Registry), and on BestText you also attest that every subscriber opted in. A cold list has no opt-in to describe.
  • No rented, sold or shared lists. CTIA says senders build their own, and an opt-in covers only the campaign and sender it was given to. The FCC's one-to-one consent rule was vacated on January 24, 2025; the CTIA principle stands.
  • Consent regardless of the statute. CTIA expects consent for every business text "regardless of whether these rules apply." T-Mobile's code incorporates those principles, and its tiered fines run $2,000, $1,000 and $500 per violation (provider documentation, 2026). See 10DLC registration.
The B2B question

Is B2B cold texting legal? The rule is written around the phone number.

The TCPA's autodialer provision covers "text calls to wireless numbers" (FCC, 2003), and the Supreme Court treated a text to a cell phone as a call under it in 2016. The autodialer rule has no exception for a business contact's cell. The do-not-call rule protects "residential subscribers," and its text does not say whether a company-paid cell counts as one. CTIA expects consent for every business text either way, so treat a prospect's cell like any wireless number and hold consent you can show.

A written agreement that names the number

An agreement in writing, signed by the person, clearly authorizing marketing texts to that number, disclosing that signing is not a condition of purchase.

An electronic signature counts

The FCC accepts E-SIGN consent by email, website form, text message, keypress or voice recording. A keyword reply or a checked box qualifies; a number copied from a directory does not.

The seller carries the burden

If consent is disputed, the seller must show a clear and conspicuous disclosure and unambiguous consent (FCC 12-21). Keep the timestamp, wording shown and number.

The state layer

Mini-TCPAs: where the state rules get stricter.

These states add their own consent definitions, windows and lawsuits on top of federal law.

Florida

Written consent for texts sent by an automated system that selects and dials, and a STOP-then-15-days precondition to any suit since May 25, 2023. Florida's telephone solicitation rules add an 8 a.m. to 8 p.m. window and three attempts per 24 hours, written for calls; courts have not settled whether they reach texts. Florida text message laws

Texas

Since September 1, 2025, a marketing text is a "telephone solicitation" (SB 140) that needs Secretary of State registration, with a $200 filing fee and $10,000 in security, unless exempt. Texting with prior consent needs no registration, per the Secretary of State. Recipients can also bring a state-law suit for $500 per violation, up to $1,500 if knowing. Texas text message laws

The rest of the map

Washington bars commercial texts to a resident's cell without clear advance consent ($100 per violation since June 11, 2026). Maryland requires written consent for automated solicitations, bans them 8 p.m. to 8 a.m. and caps them at three per 24 hours. Connecticut allows telephonic sales calls, texts included, 9 a.m. to 8 p.m. only. Virginia honors a STOP reply for 10 years since January 1, 2026. Oklahoma mirrors Florida's limits, worded for calls. California bars text advertisements outside listed exceptions.

What a cold text costs

$500 to $1,500 per text, and a list is a lot of texts.

Exposure is per message, and a carrier can switch a sender off without a court.

$500 to $1,500 per text

$500 per violation or actual loss, whichever is greater, up to $1,500 if a court finds it willful or knowing. Texas pays the same under state law, and Florida $500, trebled at the court's discretion. The do-not-call claim pays up to $500 and needs more than one message in 12 months; the Seventh Circuit held in July 2026 that it does not cover texts.

Class actions at a record pace

1,052 TCPA class actions were filed in the first half of 2025 against 539 a year earlier, up 95.2% (WebRecon via TCPAWorld, July 25, 2025). February 2026 set a monthly record at 211 (WebRecon via TCPAWorld, April 7, 2026).

Switched off at the carrier

Carriers can suspend a single brand ID or every brand registered under an EIN, including brands registered through other providers (The Campaign Registry).

What to do instead

Consent-first prospecting, in five steps.

The same list, reached in the order the rules allow.

1. Build the consent capture before the list

Put the opt-in where the lead already is: a keyword texted from an ad or sign, a checkbox on your form, a sign-up at the point of sale. CTIA accepts each of these methods. The disclosure beside it names the sender, program and frequency, and says consent is not a condition of purchase.

2. Register the brand and the campaign

Registration goes through a messaging provider, never direct with The Campaign Registry, and lists every opt-in method with sample messages. BestText's team registers for you; campaign review typically takes one to four weeks (The Campaign Registry).

3. Make the first touch one you hold consent for

Ringless voicemail is a separate first-touch channel on the same BestText account and lists. A drop is a prerecorded message, so the TCPA treats it as a call and marketing drops need the same written consent. Where you hold it, the voicemail lands without opening a text thread, and the text follows as its own campaign (ringless voicemail laws). How the two channels compare: SMS vs ringless voicemail.

4. Text only after the opt-in, inside the window

Bulk campaigns on BestText default to 9 a.m. to 9 p.m. in each contact's local time, inside the federal window; set earlier hours for states that stop at 8 p.m. A reply with any of 14 default opt-out keywords stops the contact's drips and follow-ups.

5. Keep the records that win the argument

The seller has to prove consent. Keep each opt-in with its timestamp, medium and wording. Scrub against a registry copy under 31 days old, honor a do-not-call request for five years, and act on a revocation within 10 business days.

Compliance, built in

How BestText keeps your texting on the consent side of the line.

The platform runs on carrier-grade routes we own and operate, with the steps above built in.

10DLC registration, handled

You submit the brand and campaign details and attest that your subscribers opted in; our team registers both and attaches them to your account. Fee questions are answered on the demo.

DNC and litigator scrub at upload

Scrub every list against national and state do-not-call registries and known-litigator data as you upload it, and re-scrub any list later without re-uploading.

Opt-outs honored automatically

14 default keywords, STOP and UNSUBSCRIBE ALL among them, opt a contact out the moment they reply, stop their drips and follow-ups, and flag the thread in the inbox. "Revoke" is not on the default list, so add it to your own keywords.

This page is educational information about cold texting laws, not legal advice. Regulations change, courts disagree, and your situation is specific to you. Consult a qualified telecommunications attorney before launching campaigns, especially in regulated verticals.

Sources: 47 CFR 64.1200 (consent, do-not-call, quiet hours, revocation); 47 U.S.C. 227 (statutory damages); FCC 03-153 (2003, texts under the autodialer ban); FCC 12-21 (2012, prior express written consent); FCC 23-107 (2023, do-not-call registry and texts); FCC 26-67 (adopted September 30, 2026, revocation rewrite); Facebook v. Duguid (2021); Campbell-Ewald v. Gomez (2016); Steidinger v. Blackstone Medical Services (7th Cir., July 14, 2026); Insurance Marketing Coalition v. FCC (11th Cir., January 24, 2025).

Questions

Everything you need to know.

Is cold texting illegal?

For consumer marketing, yes in practice. An autodialed marketing text to a cell number needs prior express written consent. A text to a registry number needs an invitation or existing relationship however it is sent, and carriers expect consent regardless. An unconsented autodialed text can cost $500, up to $1,500 if willful; a do-not-call claim pays up to $500 and needs more than one message in 12 months.

Is B2B cold texting legal?

The TCPA's autodialer rule has no business-number exemption: it covers any number assigned to a cellular service. A text to a cell phone is a call under it (Supreme Court, 2016). CTIA expects consent for every business text regardless. Treat a prospect's cell like any wireless number and keep proof of consent.

Is cold texting illegal in Texas?

Since September 1, 2025, Texas SB 140 counts a marketing text as a telephone solicitation. A seller texting from or into Texas needs a Secretary of State registration ($200 fee plus $10,000 security) unless exempt. The Secretary of State says texting with prior consent needs none. Federal rules apply on top, and recipients can sue for $500 per violation, up to $1,500 if knowing (Texas text message laws).

Is cold texting illegal in California?

Business and Professions Code 17538.41 bars text message advertisements to a California resident's mobile device, with exceptions such as an existing business relationship that offers a way to opt out. The federal rules apply on top. A pending bill, AB 1865, would ban text advertisements 9 p.m. to 9 a.m. even with consent; as of October 2026 it is held in committee, not law.

Can I text a lead who gave me their number verbally?

For an informational text, yes: the FCC permits oral consent for non-marketing messages to wireless numbers. A marketing text sent by an autodialer needs written consent; carriers expect it for every marketing text, and some states, such as Washington, require consent whatever the equipment. An electronic signature counts, so have them text a keyword or check a box first. If consent is disputed, the seller carries the burden of proof.

Does cold texting work?

We know of no reliable reply-rate data for cold texts, so we will not quote one. A cold list has no opt-in to describe in a 10DLC registration, and providers block unregistered traffic. What the rules let you build is a consented list, reached through a registered campaign inside sending hours, with replies in a shared inbox you can measure.

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