Three rulebooks govern every marketing text: the TCPA, the FCC's rules under it, and the carriers' 10DLC and CTIA policies. This guide merges them into one operating checklist, with the consent-record fields to keep.
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As of October 2026, TCPA rules for text messages require prior express written consent for marketing and prior express consent for informational texts. Honor any reasonable opt-out within 10 business days. Send solicitations 8 a.m. to 9 p.m. recipient-local, never to Do Not Call Registry numbers. Damages: $500 per violation; courts may award up to $1,500 if willful or knowing.
For whether texting customers is legal at all, start with is SMS marketing legal; the SMS marketing hub has the rest.
Last reviewed: October 2026.
Most guides stop at the statute. Carriers block traffic long before a plaintiff files.
The TCPA (47 U.S.C. 227) sets the consent and damages rules; the FCC's rules under it set the hours. The FCC has applied its autodialer provision to texts since 2003 and the Supreme Court agreed in Campbell-Ewald (2016); the Do Not Call Registry covers texts as well.
47 CFR 64.1200 holds the detail: consent definitions, the 8 a.m. to 9 p.m. window, and the revocation rule in force since April 11, 2025. The "one-to-one consent" rule was vacated January 24, 2025 and left the CFR August 29, 2025. A rewrite adopted September 30, 2026 is not yet in effect.
Carriers do not need a court. Every business texting from a 10-digit number registers through a provider, and the campaign form requires STOP and HELP handling. The CTIA Messaging Principles (May 2023) set the opt-in disclosures and records carriers expect (10DLC registration).
Which tier you need depends on what the message says.
Marketing texts need prior express written consent: a signed agreement that clearly authorizes autodialed advertisements or telemarketing and names the phone number it covers (47 CFR 64.1200(f)(9)). Only tax-exempt nonprofits and HIPAA health-care messages are exempt.
The agreement must say, clearly and conspicuously, that signing authorizes autodialed marketing and is not a condition of purchase. Electronic signatures count: email, web form, text reply, keypress or voice recording. Disputed consent is yours to prove, so the record matters more than the checkbox.
Informational texts (balances, fraud alerts, delivery updates, school closings) need prior express consent, which the FCC allows to be oral (FCC 12-21). Add a coupon code and CTIA calls it promotional. An existing business relationship substitutes for neither tier.
The FCC's seven opt-out words revoke consent by themselves, CTIA expects plain-language requests honored too, and the TCR form requires STOP, an opt-out reply and a HELP reply.
Since April 11, 2025 a consumer can revoke consent by any reasonable means and you have 10 business days at most to honor it (47 CFR 64.1200(a)(10), FCC 24-24). The order's "revoke all" scope was waived to January 31, 2027, and a rewrite adopted September 30, 2026 replaces it. Adopted is not effective.
A consumer may revoke consent, written consent included, "by using any reasonable method." Replying stop, quit, end, revoke, opt out, cancel or unsubscribe counts on its face, and you may not designate one exclusive channel.
Revocation must be honored within a reasonable time not exceeding 10 business days from receipt. One confirmation text is allowed if it only confirms and carries no marketing; within five minutes it is presumed inside consent.
Adopted September 30, 2026. A texter may designate an exclusive opt-out method: a reply with one of the seven words, or a named website or phone number. The 10-business-day deadline stays. A marketing opt-out revokes all future marketing from that sender; an informational one covers only its category. Effective 30 days after Federal Register publication, not yet published as of October 17, 2026.
The federal window covers "telephone solicitations," which excludes messages sent with prior permission or to an established business relationship. Where a state's hours are written for phone calls, the row says so.
| Rule | Hours and limits | Texts and notes |
|---|---|---|
| Federal (47 CFR 64.1200) | 8 a.m. to 9 p.m. at the recipient's location | Telephone solicitations to wireless numbers |
| National Do Not Call Registry | No solicitations to registered numbers, honored indefinitely | Codified for texts December 2023 (FCC 23-107). Safe harbor: written procedures, trained staff, a recorded do-not-contact list, a registry copy no more than 31 days old and paid registry access. Company requests: honor within 10 business days, keep 5 years |
| Florida | Telephone solicitation rules: 8 a.m. to 8 p.m., three per 24 hours | 501.059 covers texts; the hours sit in 501.616, written for calls, unsettled for texts. STOP starts a 15-day pre-suit clock. Florida guide |
| Texas (SB 140, September 1, 2025) | Calling-hours rule (301.051) written for consumer telephone calls; SB 140 did not amend it. Registration $200 plus $10,000 security, unless exempt or texting only with prior consent (Secretary of State Form 3400 notice) | A text is a "telephone solicitation." Texas no-call list: stop within 60 days. Texas guide |
| Maryland (January 1, 2024) | 8 p.m. to 8 a.m. barred; three per 24 hours on one subject | Written-consent definition covers texts. Up to $500 per violation, up to three times that if willful or knowing |
| Connecticut (October 1, 2023) | 9 a.m. to 8 p.m. | "Telephonic sales call" includes texts. State list mirrors the national registry |
| Virginia | 8 a.m. to 9 p.m. unless the person consented | Covers texts to Virginia area codes or residents. Since January 1, 2026, STOP or UNSUBSCRIBE must be honored at least 10 years |
| Oklahoma | 8 a.m. to 8 p.m., three per 24 hours | Consent rule covers texts; hours and cap written for calls, unsettled for texts. $500 per violation, up to three times that if willful or knowing |
| Washington | RCW 80.36.390's 8 a.m. to 8 p.m. limit covers calls by a live person, artificial voice or recorded message; a commercial text needs clear, affirmative advance consent | Damages cut to $100 for suits filed on or after June 11, 2026 |
Consumers get statutory damages without proving a loss. Each message is "each such violation," so exposure scales with the list.
47 U.S.C. 227(b)(3): actual monetary loss or $500 for each violation, whichever is greater.
A court may, in its discretion, raise the award to three times that amount. The $1,500 is a ceiling the judge chooses, so a documented process matters at trial.
The DNC claim (227(c)(5)) pays up to $500 per violation and needs more than one message in 12 months from one sender. On July 14, 2026 the Seventh Circuit held it does not cover texts; whether other courts follow is open. After McLaughlin (2025), district courts in TCPA enforcement suits are not bound by the FCC's interpretation of the statute and must decide its meaning themselves.
States set their own: Florida $500 per violation, up to three times that if willful or knowing; Texas $500, up to $1,500 if knowing or intentional; Virginia $500, $1,000, then $5,000; Washington $100 since June 11, 2026.
Six checks before you send, six on every campaign.
Consent is yours to capture and prove. Scrubbing, opt-outs, sending windows and 10DLC registration run in the platform, on carrier-grade routes we own and operate. Voicemail drops follow their own rules: TCPA guide for ringless voicemail.
Lists are scrubbed against the national and state Do Not Call registries and known-litigator data at upload, each removed number tagged with its reason. Every blast is checked again at send time against your DNC list and a platform-wide blacklist.
A reply matching an opt-out keyword opts the contact out, stops their drips and ends chase follow-ups, flagged in the inbox. Defaults cover stop, unsubscribe, cancel, end, quit, remove, opt out and variants; add your own, bulk-upload opt-out lists, export them.
Bulk campaigns default to 9 a.m. to 9 p.m. in each contact's local time; a campaign outside its window waits as "Out of Schedule." Tighten hours per weekday, cap contacts per day, exclude Texas area codes at import.
Our team registers your brand and campaigns with The Campaign Registry. You supply the use case, message flow, samples, STOP and HELP replies, and attest that every subscriber opted in. Fee questions are answered on the demo (how 10DLC registration works).
This page is educational information about TCPA rules for text messages, not legal advice. Laws and FCC rules change, states keep adding their own, and how they apply depends on your facts. Consult a qualified telecommunications attorney before launching campaigns.
Sources: 47 U.S.C. 227; 47 CFR 64.1200; FCC 24-24 (revocation, in force April 11, 2025); DA 26-12 (revoke-all waiver to January 31, 2027); FCC 26-67 (adopted September 30, 2026, not yet effective); FCC 23-107 (Do Not Call Registry and texts); Campbell-Ewald v. Gomez (2016); McLaughlin Chiropractic v. McKesson (2025); Steidinger v. Blackstone Medical Services (7th Cir. 2026); CTIA Messaging Principles and Best Practices (May 2023); The Campaign Registry CSP User Guide (July 2026); Fla. Stat. 501.059 and 501.616; Tex. Bus. & Com. Code chs. 302, 304, 305; Md. Code Com. Law 14-4502; Conn. P.A. 23-98; Va. Code 59.1-510 to 515; 15 O.S. 775C; RCW 19.190; Cal. Bus. & Prof. Code 17538.41.
A signed written agreement (47 CFR 64.1200(f)(9)) that clearly authorizes autodialed advertisements or telemarketing texts, names the phone number they may go to, and says signing is not a condition of purchase. Electronic signatures count: a web form, a text reply, a keypress or a recorded voice.
Yes, under the autodialer rules. The FCC said so in 2003 and the Supreme Court treated a text as a call in Campbell-Ewald (2016). The Do Not Call Registry covers texts (codified December 2023), though on July 14, 2026 the Seventh Circuit held the do-not-call private lawsuit does not reach texts.
Federal rules bar telephone solicitations before 8 a.m. or after 9 p.m. at the recipient's location, texts to wireless numbers included. Maryland stops at 8 p.m., Connecticut runs 9 a.m. to 8 p.m., and Florida's 8 p.m. cutoff is written for phone calls and unsettled for texts (Florida guide).
Within a reasonable time not exceeding 10 business days from receipt (FCC rule in force since April 11, 2025). One confirmation text is allowed; sent within five minutes it is presumed inside consent. Florida adds a 15-day pre-suit clock after a STOP reply, and Virginia makes a STOP good for at least 10 years.
For autodialed marketing texts, yes. An existing business relationship does not replace prior express written consent; only tax-exempt nonprofits and HIPAA health-care messages are exempt. The relationship does take a message outside "telephone solicitation" for Do Not Call and quiet-hour purposes. California's text-ad ban exempts existing customers who are offered an opt-out (Bus. & Prof. Code 17538.41); Texas's existing-customer exemption is from registration, not consent.
Under 47 U.S.C. 227(b)(3), damages are $500 per violation or the actual monetary loss, whichever is greater. A court may raise that up to $1,500 if the violation was willful or knowing. Each text can count as its own violation. The separate do-not-call claim pays up to $500 per violation, and the Seventh Circuit held in July 2026 that it does not cover texts.
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