Text marketing · Compliance
Get written consent, register your number, honor every STOP and text at sensible hours. Here is how each piece works.
Written consent before marketing texts
Register 10DLC before you send
Honor STOP within 10 business days
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SMS marketing compliance in the US comes down to five things: get prior express written consent before sending marketing texts, register your sending number through A2P 10DLC (or verify a toll-free number), identify your business in messages, honor every opt-out within 10 business days, and send only during permitted hours, which federally means not before 8 a.m. or after 9 p.m. in the recipient’s time zone. Some states, including Florida, add their own rules.
Texting carries more legal risk than email. The Telephone Consumer Protection Act (TCPA) allows private lawsuits with damages per message, and class actions over marketing texts are common. This article is general information as of 2026, not legal advice. Confirm your program with an attorney before launch.
Under the FCC’s TCPA rules (47 CFR 64.1200), autodialed or prerecorded telemarketing calls to cell phones need the recipient’s prior express written consent, and the FCC treats texts as calls. Most marketing platforms send in ways that fall under these rules, so plan as if they apply to you.
The rule defines prior express written consent as a written agreement bearing the person’s signature that names the phone number and makes clear they do not have to agree in order to buy anything. Electronic signatures, such as a checked box on a web form or a reply to a keyword, can count when done properly. A good opt-in includes:
Store the proof: the phone number, date and time, the exact wording shown, and the source (web form, keyword, point of sale). If someone sues, that record is your defense. Never text numbers from a purchased list, and do not assume an email subscriber or a customer who gave a phone number for an order agreed to marketing texts.
US carriers require businesses that text from ordinary 10-digit numbers to register under A2P 10DLC. Twilio’s documentation describes two parts: a brand registration that verifies who you are, and a campaign registration that describes what you send and how people opt in, opt out and get help. Registered traffic gets less filtering and more throughput. Unregistered traffic is filtered more heavily and, on Twilio, incurs extra carrier fees.
Practical tips for getting approved:
Toll-free numbers go through a separate verification process with similar information. Short codes are a third option for high volume, with their own application.
Every program needs a working STOP. FCC rules say consumers can revoke consent by any reasonable means, and replies such as stop, quit, end, revoke, opt out, cancel or unsubscribe count automatically. Opt-outs must be honored within 10 business days. In practice, set your platform to stop marketing texts immediately; there is no benefit in waiting.
One pending change to watch: the FCC adopted a rule requiring that an opt-out from one type of message apply to all of a sender’s robocalls and robotexts. In a January 2026 order, the FCC delayed that “revoke-all” piece until January 31, 2027, as reported by the law firm Burr & Forman. Dates like this have moved before, so check the current status with your attorney. Build your opt-out handling so you can comply when it takes effect.
Planning to add texting to your marketing? Book a free 30-minute call. We look at what you have and tell you what we would change first. No obligation. Or call 954-539-5678.
Federal rules bar telephone solicitations before 8 a.m. or after 9 p.m. in the called party’s local time. Some states set narrower hours or limit how many messages you can send in a day, so the simplest safe practice is:
Several states have their own telemarketing laws. Florida’s Telephone Solicitation Act (section 501.059 of the Florida Statutes) requires prior express written consent for unsolicited sales calls and texts made with an automated system. It accepts consent shown by an act such as replying to agree to receive texts. It also sets a notice step: before suing over texts, the recipient must reply STOP, and the sender then has 15 days to stop. The law gives consumers a private right of action, and it has generated many lawsuits since it was strengthened in 2021.
If you text customers in more than one state, ask your attorney which state laws apply and design your program to the strictest one. Florida businesses can see how we approach email and text marketing in Fort Lauderdale.
JLB helps businesses run email marketing on MailChimp, Klaviyo and HubSpot, including the setup and list hygiene that keep messages out of spam folders. We are not lawyers, so we work alongside your counsel on the compliance side.
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Generally, yes. Federal TCPA rules require prior express written consent for autodialed telemarketing calls and texts to cell phones, and carriers expect opt-in for all business texting. Confirm details with your attorney.
A2P 10DLC is the US carrier system for business texts sent from ordinary 10-digit numbers. You register your brand and each campaign, including how people opt in and opt out. Unregistered traffic faces more filtering and extra carrier fees.
The federal rule for telephone solicitations bars contact before 8 a.m. or after 9 p.m. in the recipient’s local time. Some states set narrower windows, so many businesses text only during normal business hours.
FCC rules treat replies like STOP, QUIT, END, CANCEL or UNSUBSCRIBE as valid revocations and require them to be honored within 10 business days. Most platforms stop messages immediately, which is the safer practice.
Yes. The Florida Telephone Solicitation Act requires prior express written consent for automated sales calls and texts and gives consumers a private right of action. This is general information, not legal advice.
