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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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.
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 |
Federal law is the floor; carriers enforce their own layer first, and that is where most cold-texting programs stop.
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.
An agreement in writing, signed by the person, clearly authorizing marketing texts to that number, disclosing that signing is not a condition of purchase.
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.
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.
These states add their own consent definitions, windows and lawsuits on top of federal law.
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
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
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.
Exposure is per message, and a carrier can switch a sender off without a court.
$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.
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).
Carriers can suspend a single brand ID or every brand registered under an EIN, including brands registered through other providers (The Campaign Registry).
The same list, reached in the order the rules allow.
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.
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).
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.
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.
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.
The platform runs on carrier-grade routes we own and operate, with the steps above built in.
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.
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.
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).
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.
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.
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).
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.
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.
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.
Pick a time and we will walk your exact use case on a free 30-minute call: consent capture, 10DLC registration, list scrubbing, and voicemail from the same account. No signup, no card.