What Are the Rules for Sending Marketing Texts to Customers?
By Bill Stilwell · Last reviewed October 17, 2026
The short answer
Section titled “The short answer”Under Federal Communications Commission (FCC) rules, marketing texts sent with automated tools need the person’s prior express written consent first. Your sign-up must say who you are, what kind of messages they’ll get, how often, and how to stop. Honor stop requests fast, no more than 10 business days under FCC rules, send only during allowed hours, and keep records of every consent and opt-out.
Why it matters
Section titled “Why it matters”The Telephone Consumer Protection Act (TCPA), enforced through FCC rules, lets people sue over unwanted texts, and damages are counted per message. A single bad campaign to an old list can turn into a lawsuit. Phone carriers also block texts that look like spam, so poor practices can stop your reminders from getting through.
18.4.1 Consent
Section titled “18.4.1 Consent”What it means: getting the right permission before you send marketing texts.
How to do it: FCC rules say automated marketing texts to cell phones need prior express written consent. That means a signed agreement, which can be electronic, that names the phone number and says agreeing isn’t a condition of buying. Use an unchecked box on your form with clear wording. Record the details (see 12.6 Communication Consent Records). The CTIA, the wireless industry group whose guidelines carriers follow, says consent applies only to the business and program the person signed up for and can’t be transferred.
Common mistake: texting promotions to every phone number in your invoices.
18.4.2 Disclosure
Section titled “18.4.2 Disclosure”What it means: telling people up front what they’re signing up for.
How to do it: at sign-up, show your business name, the kind of messages, how often they’ll come, that message and data rates may apply, how to get help, how to stop, and a link to your terms and privacy notice. CTIA guidelines say to send a confirmation text before any other recurring messages, with the program name, how often messages come, help and stop instructions, and fee information.
Common mistake: a sign-up box that says only “Text me deals.”
18.4.3 Message purpose
Section titled “18.4.3 Message purpose”What it means: sorting each text as transactional, service, reminder, or marketing.
How to do it: label each message type in your tool. Appointment reminders and job updates are service messages (see 12.5.1 Customer Service Texts). Coupons, promotions, and “come back” messages are marketing. Different types can need different consent, so don’t mix a promotion into a reminder.
Common mistake: adding “and 20 percent off your next visit” to an appointment reminder.
18.4.4 Opt-out
Section titled “18.4.4 Opt-out”What it means: honoring stop requests promptly.
How to do it: FCC rules say people can revoke consent by any reasonable method, and you must honor it within a reasonable time, no more than 10 business days. Replies like stop, quit, end, revoke, opt out, cancel, and unsubscribe count. You may send one confirmation text with no marketing in it. Set your tool to stop all marketing texts to that number right away, and add the number to your do-not-contact list.
Common mistake: ignoring “please stop texting me” because it didn’t say the exact word STOP.
18.4.5 Timing
Section titled “18.4.5 Timing”What it means: sending only at reasonable hours.
How to do it: federal rules bar telephone solicitations before 8 a.m. or after 9 p.m. in the recipient’s local time. Some states set narrower windows or limit how many messages you can send. Schedule by the customer’s time zone, not yours.
Common mistake: a blast scheduled for 7 a.m. Eastern that lands at 4 a.m. for West Coast customers.
18.4.6 Records
Section titled “18.4.6 Records”What it means: keeping proof of consent, messages, and opt-outs.
How to do it: keep the consent wording, date, source, and phone number for each person, a log of the messages sent, and every opt-out with the date. Keep them even after someone leaves your list. Ask your attorney how long to keep them.
Common mistake: switching texting tools and losing the consent history.
18.4.7 Vendor review
Section titled “18.4.7 Vendor review”What it means: checking your texting provider’s terms and data practices.
How to do it: read the provider’s rules on consent, opt-outs, and banned content. Ask whether you need to register your business and campaign with the carriers before texting, and how long it takes. Check who owns the number and the data if you leave (see 12.5.4 Text Number Ownership and Records and 11.2.7 Data-Processing Terms). You are still responsible for following the law even when the vendor sends the texts.
Common mistake: picking the cheapest tool, then losing your number and contact history when you cancel.
12.5.2 Marketing texts
Section titled “12.5.2 Marketing texts”The communication systems view of this subject points here. Before any marketing text goes out, review consent, disclosures, opt-outs, timing, and any state rules using the steps above. For service and reminder texts, see 12.5.1 Customer Service Texts.
When to get help from a pro
Section titled “When to get help from a pro”An attorney who handles TCPA and consumer communications law should review your consent wording and process before you send marketing texts. These rules have changed several times in recent years, and states add their own. Questions to ask:
- Does my sign-up wording meet the federal prior express written consent rule?
- Does my state have its own texting law, quiet hours, or message limits?
- How long should I keep consent and opt-out records?
Bill’s note
Section titled “Bill’s note”[Bill: add a short note. For example, how SiteSmarty uses texts for clients, or a business you saw get in trouble for texting an old list.]
How I did this for SiteSmarty
Section titled “How I did this for SiteSmarty”- [Date I did this:]
- [What I actually did, step by step: the SiteSmarty texting tool, sign-up wording, confirmation text, and opt-out setup]
- [What it cost and how long it took:]
- [What surprised me or what I’d do differently:]
- [Screenshot or photo to add, with private info blurred: the sign-up form and confirmation text]
- [Result so far:]
Questions people ask
Section titled “Questions people ask”Do I need permission to send marketing texts? Yes. Automated marketing texts to cell phones need prior express written consent under FCC rules.
What should a text sign-up say? Your business name, the kind of messages, how often, that message and data rates may apply, how to get help and stop, and that agreeing isn’t a condition of buying.
How fast do I have to honor STOP? Within a reasonable time, no more than 10 business days under FCC rules. Most tools can stop messages right away, and that’s the safer choice.
What hours can I send marketing texts? Federal rules bar telephone solicitations before 8 a.m. or after 9 p.m. in the recipient’s local time. Some states are stricter.
Audit check
Section titled “Audit check”| Outline line | Question | Pass looks like | Fail looks like | Evidence to collect |
|---|---|---|---|---|
| 18.4.1 Consent | Is there prior express written consent for each marketing text recipient? | Signed or electronic consent with number | Texts to numbers with no consent | Consent records |
| 18.4.2 Disclosure | Does sign-up show sender, type, frequency, rates, help, and stop? | Full disclosure and confirmation text | Vague box | Form and confirmation text |
| 18.4.3 Message purpose | Is each message type labeled and kept separate? | Service and marketing separated | Promos in reminders | Message templates |
| 18.4.4 Opt-out | Are stop requests honored fast in every tool? | Immediate stop and list update | Messages after STOP | Opt-out log |
| 18.4.5 Timing | Are texts sent only in allowed hours in the recipient’s time zone? | Time zone scheduling | Early or late texts | Send schedule settings |
| 18.4.6 Records | Are consent, messages, and opt-outs kept? | Complete history | Lost on tool change | Records export |
| 18.4.7 Vendor review | Were vendor terms, registration, and data ownership reviewed? | Notes on file | Unknown | Vendor review notes |
| 12.5.2 Marketing texts | Are marketing texts reviewed before sending? | Checklist used | No review | Prelaunch checklist |
Where this fits
Do this first: 12.6 Communication Consent Records, 12.5.1 Customer Service Texts
Do this next: 18.5 Follow-Up Sequences
Related pages: 12.5.4 Text Number Ownership and Records, 18.3 Email Marketing Rules, 18.10 Testing Automation, 11.2.7 Data-Processing Terms, 16.1 Lead Intake, 17.10 Retention and Reactivation
Sources
- Electronic Code of Federal Regulations, 47 CFR 64.1200, Delivery restrictions (checked October 17, 2026)
- CTIA, "Messaging Principles and Best Practices" (May 2023) (checked October 17, 2026)
This page explains general rules and Bill's own experience. It is not legal, tax, or insurance advice. Talk to a qualified professional about your situation.