SMS Marketing Compliance, Done Properly
The US rules for sending marketing text messages: getting the right consent before sending, honoring opt-outs and respecting calling-hour limits.
Samir Haddad
The key figures
- Federal law
- the Telephone Consumer Protection Act, with rules issued by the FCC
- Marketing texts sent with automated systems
- require prior express written consent
- Revoking consent
- recipients may opt out by any reasonable means, such as replying STOP
- Honoring opt-outs
- within 10 business days under FCC rules effective in 2025
- Calling hours for telephone solicitations
- not before 8 a.m. or after 9 p.m. at the recipient's location
Why this is worth getting right
Text messages are treated as calls under the Telephone Consumer Protection Act, which allows statutory damages for each unlawful message, so small mistakes multiply quickly.
Do this, not that
Do
- Collect consent with a clear, separate checkbox that states what will be sent
- Keep records of when and how each consent was given
- Process opt-out replies automatically, including plain-language replies
- Send at reasonable local times for each recipient
- Identify your business in every message
Don’t
- Treating a purchase as consent to marketing texts
- Buying or sharing phone number lists
- Ignoring opt-outs that do not use the exact word STOP
- Messages sent late at night in the recipient's time zone
When to bring in help
Our advice Bring in help before launching an SMS program, when importing numbers collected elsewhere, or when you receive a complaint or demand letter about texts.
Where this comes from
- Federal Communications Commission — Stop unwanted robocalls and texts
- Federal Communications Commission — Consumer revocation of consent rules
The figures and practices above come from the sources listed.
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Where to go next
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