SMS marketing and the TCPA: the rules before you text customers

Before you send marketing texts in the US, you generally need each person's prior express written consent, a clear way for them to opt out (such as replying STOP), messages sent only during reasonable hours, and a texting number registered with carriers under 10DLC. The core federal law is the Telephone Consumer Protection Act (TCPA), enforced by the FCC and through private lawsuits, and several states add their own rules on top.

Texting gets high open rates, which is why so many businesses want to use it. It is also one of the most litigated areas of marketing law in the US, because each message can carry statutory damages. This guide explains the rules in plain English. It is a summary, not legal advice: rules and court decisions change, so have your attorney review your program before launch.

Transactional vs marketing texts

The first question is what kind of text you are sending.

• Transactional or informational: order confirmations, shipping updates, appointment reminders, a reply to a customer's own question. Generally lower risk, though you still need the number to have been given for that purpose and you should honor opt-outs.
• Marketing: promotions, sales, new services, "we miss you" offers, newsletters by text. These generally require prior express written consent.

A reminder that adds "Book a second service this week and save" has become a marketing text. Keep the two types separate, ideally under separate campaigns in your texting platform.

What "prior express written consent" means

For marketing texts, consent generally needs to be:

• Written, which includes electronic forms, checkboxes and keyword opt-ins, under the E-SIGN Act
• Specific: it names your business and says the person agrees to receive marketing texts at that number
• Clear about technology: commonly wording that messages may be sent using automated technology
• Not a condition of purchase: the person can buy without agreeing
• Recorded: you can show who agreed, when, how and to what wording

A typical checkbox on a form reads something like: "I agree to receive recurring marketing texts from [Business] at the number provided. Consent is not a condition of purchase. Msg and data rates may apply. Msg frequency varies. Reply STOP to cancel, HELP for help." The checkbox must not be pre-checked. Have your attorney approve your exact wording.

Quiet hours, frequency and opt-outs

• Quiet hours. Federal rules limit telemarketing to between 8 a.m. and 9 p.m. in the recipient's local time. Some states are stricter: Florida, for example, has a narrower window and limits on how often you can contact someone. Schedule by the recipient's time zone, not yours.
• Opt-out keywords. STOP, END, CANCEL, UNSUBSCRIBE, QUIT and similar replies should stop marketing messages. FCC rules adopted in recent years make clear that people can revoke consent by any reasonable means, and you must honor it promptly.
• Confirmation. A single confirmation text after an opt-out ("You're unsubscribed, no more messages") is standard practice.
• Do Not Call. The National Do Not Call Registry rules can apply to marketing texts too. Valid written consent generally covers this, which is another reason to collect it properly.

10DLC: the carrier side

Separately from the law, US mobile carriers require businesses that text from regular 10-digit local numbers to register under 10DLC (10-digit long code). Through your texting provider, you register:

1. Your brand: legal business name, EIN, address and website
2. Your campaign: the type of messages, sample texts, how people opt in and how they opt out

Unregistered or poorly described traffic gets filtered or blocked, and approval can take days or weeks. Plan for that delay: register before you announce a texting program, not the day before a holiday promotion. Toll-free numbers have a separate verification process. Carriers also restrict some content categories more strictly, and some, such as cannabis, are often not allowed at all. Describe your use case honestly; mismatches between what you registered and what you send are a common reason for blocked messages.

State mini-TCPA laws

Several states have passed their own texting and calling laws, often called mini-TCPAs. Florida and Oklahoma are well-known examples, and others have followed. They can add stricter consent definitions, narrower calling hours, limits on message frequency and their own right to sue. If you text customers in many states, the simplest approach is to follow the strictest common rules across your whole list and ask your attorney which state laws matter most for your customer base.

A safe setup step by step

1. Choose a texting platform that supports 10DLC registration, consent records and automatic STOP handling.
2. Write opt-in wording and have your attorney review it.
3. Add opt-in points: website forms, checkout, a keyword ("Text JOIN to…"), in-store signs.
4. Register your brand and campaigns through the platform.
5. Sync opt-outs with your CRM and every other tool that can send texts.
6. Schedule by recipient time zone and keep frequency reasonable.
7. Keep records of consent and opt-outs for as long as your attorney advises.

Common mistakes

• Texting everyone in the CRM because "they're customers". Customer status is not marketing consent.
• Two systems, two lists. A person opts out in one tool and keeps getting texts from another.
• Vague registration. The campaign says "customer care", the messages are promotions.
• Missing records. You collected consent, but can't show when or how.
• Copying a big brand's texts. Large retailers have legal teams and tested programs. Their wording may not fit your situation, so start from your own reviewed template.

Where texting fits

Used well, texting is excellent for reminders, quick follow-ups and short offers to people who asked for them. For lead follow-up, see lead follow-up sequences; for reminder texts, see appointment reminders that cut no-shows. Email has its own, much looser law, explained in CAN-SPAM email rules.

I set up SMS programs with consent capture, carrier registration, opt-out sync and CRM integration. SMS work is quoted individually; see the SMS marketing page for what is included.