Texting customers is one of the most effective things a business can do, and one of the most regulated. Federal law, state law and the wireless carriers all set rules for marketing texts, and they change often enough that last year's checklist may already be out of date.

This guide covers what businesses need to know in 2026: consent, what every message must include, timing, carrier registration, record keeping and the state laws to watch. It's a practical overview, not legal advice. For your specific situation, talk to counsel.

The rules come from three places

  • Federal law. The Telephone Consumer Protection Act (TCPA), enforced by the FCC and through private lawsuits, governs marketing texts in the U.S.
  • State law. A growing number of states have their own texting and telemarketing rules, often stricter than federal law.
  • The carriers. Wireless carriers and the industry association CTIA set requirements for business messaging. Carriers enforce them by filtering or blocking messages that don't comply, regardless of what the law says.

1. Get clear consent before you text

Marketing texts require prior express written consent: a clear, affirmative opt-in from the customer that names your business and tells them they're agreeing to receive marketing texts. A good opt-in includes:

  • Who will be texting (your brand name)
  • What kind of messages they'll get
  • How often, roughly ("up to 4 messages a month")
  • That message and data rates may apply
  • How to opt out (reply STOP) and get help (reply HELP)
  • A link to your terms and privacy policy

Never text purchased or rented lists, and don't assume an email or loyalty sign-up covers texting. Consent for SMS has to be specific to SMS. Many businesses also send a confirmation text right after someone joins, so the customer can see what they signed up for.

2. What every message needs

  • Your name. Identify your business in the message, ideally up front.
  • A way out. Include opt-out instructions such as "Reply STOP to opt out," especially in the first message and regularly after that.
  • Honest content. No misleading offers, fake deadlines or bait-and-switch links.

3. Honor opt-outs fast, however they arrive

Under FCC rules that took effect in April 2025, customers can revoke consent by any reasonable means, not just by texting STOP. Replies like "unsubscribe," "cancel" or "quit," or even a plain-language request, count. Businesses must honor the request within 10 business days. You may send one confirmation message, and nothing else after that.

Make sure your team knows that an opt-out request sent in a reply, an email or at the front desk counts too.

4. Respect quiet hours

Federal telemarketing rules prohibit marketing texts before 8 a.m. and after 9 p.m. in the recipient's time zone. Several states set narrower windows or limit how many messages you can send in a day, so the safest approach is to schedule sends during normal daytime hours and let the platform handle time zones for multi-state lists.

5. Register with the carriers

Business texts have to be sent from a registered number, and each number type has its own approval process:

  • 10DLC (local numbers): your brand and each messaging campaign are registered and vetted through The Campaign Registry before you can send at volume. Read A2P 10DLC explained in plain English.
  • Toll-free numbers: require toll-free verification before sending.
  • Short codes: go through a carrier approval process for each program.

Unregistered or mismatched traffic, for example sending promotions on a campaign registered for account alerts, is a common reason messages get filtered.

6. Keep records

If a customer ever disputes consent, your records are your defense. Keep:

  • When and how each person opted in, including the exact opt-in language they saw
  • Every opt-out request and when it was processed
  • Copies of the campaigns you sent

The TCPA's statute of limitations is four years, so many businesses keep consent records at least that long.

7. Watch the state laws

State rules are where most of the change is happening. A few to know about:

  • Texas: SB 140 brought marketing texts under the state's telemarketing law, including registration requirements for some businesses. Read what SB 140 means for your SMS strategy.
  • New York City: new "click to cancel" rules affect how subscriptions and opt-outs must work. Read our NYC click-to-cancel breakdown.
  • Florida, Oklahoma, Maryland and others have their own "mini-TCPA" laws covering consent, timing and message frequency.

If you text customers in more than one state, plan around the strictest rules that apply to your list.

A quick compliance checklist

  1. Every number on your list opted in to texts specifically, and you have the record.
  2. Your opt-in language names your brand, message type, frequency, rates, STOP/HELP and your terms.
  3. Every message identifies your business and includes opt-out instructions.
  4. Opt-outs by any reasonable means are processed within 10 business days.
  5. Messages go out between 8 a.m. and 9 p.m. in the recipient's time zone, or narrower where state law requires.
  6. Your numbers and campaigns are registered and match what you actually send.
  7. You've checked the state laws that apply to where your customers live.

How Mobiniti helps

Compliance is built into how Mobiniti works. Our compliance team handles carrier registration and approvals for every account, STOP replies are processed automatically, and when the rules change you'll talk to real people who know them. Read our messaging policy or book a demo to see how it works.

This article is for general information and isn't legal advice. Laws change, so consult an attorney about your specific situation.