TCPA rules for text messages
15 min readRules read 2026-10-22
For the owner or ops lead whose business texts customers: which texts need which consent, what counts as STOP under the rule in force, when you may send, how Do Not Call reaches texts, and where the carriers' rules sit on top of the law. Every rule here was read at its primary source on 2026-10-22.
The short answer
A business text is a call under the TCPA. The rules it meets depend on what the text says and how it is sent, and the carriers add their own layer on top. Here is the whole set on one card; each row has its own section below.
A text message is a call
The statute was written in 1991 about telephone calls, and the FCC read texts into it in 2003. Every rule in this guide starts from that reading:
“This encompasses both voice calls and text calls to wireless numbers including, for example, short message service (SMS) calls, provided the call is made to a telephone number assigned to such service.”
The rules say it twice more. The calling-hours and Do Not Call paragraphs “are applicable to any person or entity making telephone solicitations or telemarketing calls or text messages to wireless telephone numbers” (§ 64.1200(e)), and the exemptions paragraph spells out that “the term ‘call’ includes a text message” (§ 64.1200(a)(9)). When the Supreme Court narrowed the autodialer definition in Facebook, Inc. v. Duguid (2021-04-01), it noted that neither side disputed that the prohibition “also extends to sending unsolicited text messages.”
Is your texting platform an autodialer?
That is the question the consent tiers turn on. Duguid held that an autodialer must have “the capacity to use a random or sequential number generator to either store or produce phone numbers to be called.” Most platforms send to a list of numbers people gave them, and whether that counts is argued case by case. So the practice in the trade, and what the carriers require for registered campaigns, is to collect consent as if the platform were an autodialer. The long form is in what is an autodialer.
Marketing texts vs informational texts
The FCC sorts texts by what they say. A text that “includes or introduces an advertisement or constitutes telemarketing” needs prior express written consent when an autodialer sends it (§ 64.1200(a)(2)). Everything else, the reminders, alerts and updates, needs prior express consent (§ 64.1200(a)(1)(iii)).
The difference is more than paperwork. Prior express consent can be given out loud, on a form or by text, and it usually comes from the person handing over their number for that purpose. Prior express written consent is a signed agreement (an electronic signature counts) that names your business, the number, and says the person does not have to agree in order to buy anything; prior express written consent takes it apart line by line.
The trap is the hybrid. CTIA, the carriers' trade body, puts it plainly: “Adding a call-to-action (e.g., a coupon code to an informational text) may place the message in the promotional category.” A reminder that ends with an offer is a marketing text, and the consent you hold for reminders does not cover it.
| The text | What it is | The rule it meets | Verdict |
|---|---|---|---|
| “Your cleaning is tomorrow at 10:00. Reply C to confirm.” | Informational | Prior express consent (§ 64.1200(a)(1)(iii)): the number given for appointment texts is enough | Send with consent |
| “Your order has shipped. Track it here.” | Informational | Prior express consent; no offer in the text. The (a)(9) exemption is for package delivery companies, not shops | Send with consent |
| “Your cleaning is tomorrow. Book whitening too and save 20%.” | Marketing | An offer turns a reminder into an advertisement: prior express written consent (§ 64.1200(a)(2)) | Written consent only |
| “Spring sale: 20% off this weekend.” | Marketing | Written consent, inside 8 a.m. to 9 p.m. at the recipient's location, STOP honoured | Written consent only |
| A reply to a customer who texted first: “Yes, we open at 9 on Saturday.” | Conversational | The customer asked; CTIA reads a prompt answer as implied consent. A pitch added to the answer is marketing | Answer what was asked |
| A promotion to numbers from a bought or shared lead list | Marketing | Written consent must name you as the seller; CTIA says rented, sold or shared opt-in lists should not be used | Do not send |
| A sales rep types a pitch by hand to a prospect who never gave the number | Marketing, not autodialed | The autodialer rule is not triggered, but the Do Not Call rules are (§ 64.1200(c)–(e)), and so are state laws | Scrub first; see cold texting |
| “You’re unsubscribed and will get no more texts.” after a STOP | Opt-out confirmation | One text, no marketing; within five minutes it is presumed covered (§ 64.1200(a)(12)) | Allowed once |
Assumes a platform send to a cell phone. The written-consent wording itself is built in the SMS consent form template.
Is cold texting legal?
“Cold texting” means a sales text to someone who never gave you their number or agreed to hear from you. Under federal law the answer depends on how the text is sent, and in practice it is almost always no.
- Sent from a platform or in bulk: read as autodialed, a marketing text needs prior express written consent. A cold list has none, so every text is exposed. Our mass texting comparison shows how each platform handles an imported list.
- Typed by hand, one at a time: not an autodialer, so the written-consent rule does not reach it. The Do Not Call rules still do: no text to a number on the national registry without permission or an established business relationship (a purchase in the last 18 months or an inquiry in the last 3), the 8 a.m. to 9 p.m. window, your name and contact details, and a stop request honoured.
- State law: Florida's act defines a “telephonic sales call” as “a telephone call, text message, or voicemail transmission” and bars unsolicited ones made with “an automated system for the selection and dialing of telephone numbers” without prior express written consent (Fla. Stat. § 501.059(1)(j), (8)(a)). That is not the federal autodialer test. Oklahoma and Maryland name texts in their consent definitions too; see mini-TCPA state laws.
- The carriers: CTIA expects “express written consent to specifically receive marketing messages” whether or not the law applies, and a 10DLC campaign registration asks you to describe how people opt in. A cold campaign has no answer to give.
The working rule: a business texts people who asked to hear from it. If your sales team prospects by text, give it the same STOP handling, scrub and quiet hours as your marketing platform, and keep the record of how each number came to you.
What a marketing text must carry
The federal rule asks little of the message itself; the carriers ask more. Here is what each side expects, so the first text after a sign-up and every promotion after it pass both.
Who is texting
Anyone sending telemarketing must give “the name of the individual caller, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted” (§ 64.1200(d)(4)), and paragraph (e) applies that to texts to wireless numbers. In a text that means the business name, plus the sender's name on a person-to-person text, and a way to reach you.
How to stop
The federal rule does not require a “Reply STOP” line on every text, only that replies work (or that a no-reply number says so). CTIA does: senders “should state in the message how and what words effect an opt-out” (§ 5.1.3), and CTIA's short-code handbook asks every program to answer HELP with the program name and how to reach the sender.
The opt-in confirmation
The first text after someone joins carries five things under CTIA § 5.1.2.1: “(1) the program name or product description; (2) customer care contact information (e.g., a toll-free number, 10-digit telephone number, or HELP command instructions); (3) how to opt-out; (4) a disclosure that the messages are recurring and the frequency of the messaging; and (5) clear and conspicuous language about any associated fees or charges and how those charges will be billed.” The SMS opt-in language builder drafts it and checks the parts, and the segment counter tells you what the footer costs.
Revoking consent: what counts as STOP
Consent to texts ends when the person says so, and since 2025-04-11 the FCC's rule spells out how. It covers both kinds of consent, written and not:
“A called party may revoke prior express consent, including prior express written consent, to receive calls or text messages … by using any reasonable method to clearly express a desire not to receive further calls or text messages from the caller or sender.”
Seven reply words are a reasonable means to revoke per se, so they count whatever else you think they meant:
- STOP
- QUIT
- END
- REVOKE
- OPT OUT
- CANCEL
- UNSUBSCRIBE
Other words count “if a reasonable person would understand those words to have conveyed a request to revoke consent.” A voicemail or an email to you creates a rebuttable presumption that consent was revoked once the person shows it was sent (§ 64.1200(a)(11)). You must stop “within a reasonable time not to exceed ten business days from receipt”, and today you “may not designate an exclusive means to request revocation of consent.” If you text from a number that cannot take replies, every text must say so and give another way to opt out.
One reply is allowed after the stop: a confirmation with no marketing in it. Sent within five minutes, it is presumed to fall within the person's consent. If they had agreed to several kinds of texts, that one message may ask whether the stop covers all of them, and until they answer you stop every text that needs consent (§ 64.1200(a)(12)). CTIA asks for the same thing from the carrier side: “one final opt-out confirmation message per campaign.”
Test a reply
The hard cases are the replies nobody planned for. Paste one in: the tester says which branch of the rule it falls under. It matches words and nothing more, so a person still reads anything it cannot place.
Does this reply revoke consent?
Paste a customer's reply. The tester matches words; it does not read tone or context.
Stop texting this number
Treat as revocation: a plain-language stop
Matched: STOP TEXTING
A plain-language request to stop. Beyond the seven named words, the rule counts any words "if a reasonable person would understand those words to have conveyed a request to revoke consent", and CTIA asks senders to act on plain-language opt-outs. Stop within a reasonable time, no more than 10 business days from receipt; one confirmation text with no marketing is allowed, and within five minutes it is presumed covered by the consent.
47 CFR § 64.1200(a)(10); CTIA § 5.1.3
What is in force and what is waiting
| Part of the rule | Date | Status | Basis |
|---|---|---|---|
| Any reasonable method, seven words, 10 business days, one confirmation | 2025-04-11 | In force | § 64.1200(a)(10)–(12); FCC 26-67 ¶ 3 |
| “Revoke all”: a stop to one type of informational message covers every unrelated robotext | 2026-04-11, then 2027-01-31 | Delayed | DA 25-312; DA 26-12 |
| Exclusive revocation method; telemarketing stop covers all telemarketing | Adopted 2026-09-30 | Adopted, not yet in effect | FCC 26-67 ¶¶ 14–16, 24 |
The carrier keywords (STOP, HELP, START) and how platforms handle them are in the SMS opt-out keywords guide.
Quiet hours for texts
The federal window bars a telephone solicitation to a residential subscriber “before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)” (§ 64.1200(c)(1)), and paragraph (e) applies it to marketing texts to cell phones. The clock that counts is the recipient's, never yours.
Several states are stricter. Each statute below speaks of calls or solicitations, so the third column says what its own text says about texts. A state not listed was not verified for this page: check the state statute.
| State | Window | Texts | Statute |
|---|---|---|---|
| FLFlorida | 8 a.m. to 8 p.m., called person's time zone; no more than three on the same subject in 24 hours | § 501.616 speaks of phone calls; whether it reaches texts is a question for counsel, and most texting platforms apply it to texts | Fla. Stat. § 501.616(6) |
| OKOklahoma | 8 a.m. to 8 p.m., called person's time zone; three in 24 hours on the same subject | Its consent definition names text messages | 15 O.S. § 775C.4(A) |
| MDMaryland | Not between 8 p.m. and 8 a.m., called party's time zone; three in 24 hours on the same subject | Its consent definition names "telephone call, text message, or voicemail" | Com. Law § 14-4502(c) |
| WAWashington | Not before 8:00 a.m. or after 8:00 p.m., recipient's local time | Its definition of a telephone call is voice only; texting platforms apply it to texts anyway | RCW 80.36.390(8) |
| CTConnecticut | 9 a.m. to 8 p.m. local time; reaches residents and any Connecticut area code | Its definition of a sales solicitation names "a text or media message" | Conn. Gen. Stat. § 42-288a(c) |
| TXTexas | 9 a.m. to 9 p.m. weekdays and Saturday; noon to 9 p.m. Sunday | S.B. 140 adds texts to the registration chapter; § 301.051 itself speaks of calls | Bus. & Com. Code § 301.051(b)(2) |
| MNMinnesota | Not before 9:00 a.m. or after 9:00 p.m. | The statute does not say | Minn. Stat. § 325E.30 |
Reminders and alerts are not solicitations, so the window does not bind them, though a 6 a.m. reminder still earns complaints. To check a send time against both clocks, use the quiet hours checker; the state consent and registry rules are in mini-TCPA state laws.
Do Not Call applies to texts
The Do Not Call rules were written for sales calls, and paragraph (e) carries both of them, the national registry and your own internal list, over to marketing texts sent to wireless numbers.
Two details catch texting programs. The registry rule is about telephone solicitations, so a number on it can still get the reminders it asked for, but not a promotion. And the internal list belongs to the seller: if an agency or platform takes the stop request, you are still liable if it is not honoured. Keep one list across every number and every tool you text from. The full routine, including the safe harbor's five elements, is in Do Not Call rules for business.
Carrier rules are not the TCPA
Most of what a texting platform makes you do comes from the carriers, not the FCC. CTIA's Messaging Principles are the rulebook, and they say what they are:
“As a set of voluntary best practices, CTIA's Principles and Best Practices do not impose, prescribe, or require contractual or technical implementation on messaging ecosystem stakeholders”
Voluntary, yet enforced: carriers and their vendors apply them through 10DLC brand and campaign vetting, audits and message filtering. Break the law and the cost is a claim; break the carrier rules and the cost is a blocked number or a suspended campaign. A program has to clear both, and on several points the carriers ask for more:
- Consent for every text. CTIA expects consent to receive messages generally and “express written consent to specifically receive marketing messages”, “regardless of whether these rules apply”.
- One opt-in, one sender. An opt-in “should apply only to the campaign(s) and specific Message Sender for which it was intended or obtained”, and lists that were rented, sold or shared are out.
- Plain-language opt-outs. “stop, end, unsubscribe, cancel, quit, ‘please opt me out’” should be read and acted on, “except where a specific word can result in unintentional opt-out.”
The whole carrier layer is in CTIA messaging guidelines, and how registration works in what is 10DLC.
Records to keep
If a consent is ever questioned, the FCC put the burden on you: the seller “will bear the burden of demonstrating that a clear and conspicuous disclosure was provided and that unambiguous consent was obtained” (FCC 12-21 ¶ 33). For a texting program that means five files.
Neither the rule nor the FCC's orders set one retention period for consent records. Keep each one for as long as you text the number, and ask counsel how long after that a claim could still be brought. This page explains the rules as read on 2026-10-22; it is not legal advice.
Questions owners ask
Does the TCPA apply to text messages?
Yes. The FCC said in 2003 that the autodialer rule covers "both voice calls and text calls to wireless numbers including, for example, short message service (SMS) calls" (FCC 03-153 ¶ 165), and 47 CFR § 64.1200(e) applies the calling-hours and do-not-call rules to telemarketing text messages sent to wireless numbers. In Facebook v. Duguid the Supreme Court noted that neither party disputed that the prohibition extends to unsolicited texts.
Do I need written consent to send marketing texts?
If the texts are sent by an autodialer, yes: a marketing text needs prior express written consent under § 64.1200(a)(2). Whether a given texting platform is an autodialer after Duguid is argued case by case, so most programs collect written consent for every marketing text anyway, and the carriers expect it for promotional messages whatever the law says.
Do appointment reminders and order updates need consent?
Informational texts sent by an autodialer to a cell phone need prior express consent, which can be given on a form, out loud or by text (§ 64.1200(a)(1)(iii)). A coupon or an offer added to a reminder can turn it into a marketing text, which needs the written kind.
What hours can I send marketing texts?
The federal window is 8 a.m. to 9 p.m. at the recipient's location (§ 64.1200(c)(1)), and § 64.1200(e) applies it to texts. Several states are stricter: Florida, Oklahoma, Maryland and Washington stop at 8 p.m., Connecticut runs 9 a.m. to 8 p.m. and Texas starts at noon on Sundays. One window that clears every listed state is 9 a.m. to 8 p.m. in the recipient's time zone, Monday to Saturday, and noon to 8 p.m. on Sunday.
How fast do I have to stop texting after someone replies STOP?
Within a reasonable time not to exceed ten business days from receipt (§ 64.1200(a)(10)). You may send one confirmation text with no marketing in it; sent within five minutes, it is presumed to fall within the person's consent (§ 64.1200(a)(12)). Most platforms stop at once, which is the safer habit.
Is a carrier rule the same as the law?
No. CTIA's Messaging Principles describe themselves as "voluntary best practices" and say they are not legal advice; carriers enforce them through 10DLC vetting and message filtering, not through damages claims. The TCPA and the FCC's rules are the law. A program has to satisfy both, and the carriers often ask for more.
Sources
- 47 CFR § 64.1200, Delivery restrictions: (a)(1)–(3), (a)(10)–(12), (c), (d), (e), (f) (eCFR, current as of 2026-10-20)fetched 2026-10-22
- 47 U.S.C. § 227, Restrictions on use of telephone equipment (govinfo, 2023 edition)fetched 2026-10-22
- FCC 03-153, TCPA Report and Order (adopted June 26, 2003), ¶ 165fetched 2026-10-22
- FCC 12-21, TCPA Report and Order (Feb. 15, 2012), ¶ 33fetched 2026-10-22
- Facebook, Inc. v. Duguid, No. 19-511 (U.S. Apr. 1, 2021)fetched 2026-10-22
- FCC, Order DA 25-312 (Apr. 7, 2025), revoke-all delay to Apr. 11, 2026fetched 2026-10-22
- FCC, Order DA 26-12 (Jan. 6, 2026), revoke-all delay to Jan. 31, 2027fetched 2026-10-22
- FCC, Report and Order and FNPRM FCC 26-67 (adopted Sept. 30, 2026)fetched 2026-10-22
- Federal Register, FCC documents (checked for FCC 26-67 publication)fetched 2026-10-22
- CTIA, Messaging Principles and Best Practices (May 2023), §§ 2.3, 5.1–5.1.5fetched 2026-10-22
- CTIA, Short Code Monitoring Handbook v1.9 (effective 2023-08-02), § 3.4fetched 2026-10-22
- FCC, Reassigned Numbers Databasefetched 2026-10-22
- Fla. Stat. § 501.059, Florida Telephone Solicitation Act: (1)(j), (8)(a), (10)(c)fetched 2026-10-22
- Fla. Stat. § 501.616(6), Florida calling hoursfetched 2026-10-22
- 15 O.S. § 775C.4(A), Oklahoma Telephone Solicitation Act (enrolled HB 3168)fetched 2026-10-22
- Md. Code, Com. Law § 14-4502(c)fetched 2026-10-22
- RCW 80.36.390, Washington telephone solicitationfetched 2026-10-22
- Conn. Gen. Stat. §§ 42-284, 42-288a (chapter 743m)fetched 2026-10-22
- Tex. Bus. & Com. Code § 301.051fetched 2026-10-22
- Minn. Stat. § 325E.30fetched 2026-10-22
- Va. Code § 59.1-511fetched 2026-10-22
- S.C. Code § 37-21-30fetched 2026-10-22