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U.S. businesses do not face one identical consent rule for every text. The answer depends on what the message says, how it is sent, and which jurisdictions apply. For covered advertising or telemarketing texts sent to wireless numbers using an automatic telephone dialing system or an artificial or prerecorded voice, FCC rules require prior express written consent. Customers may revoke consent by any reasonable method that clearly communicates they want the messages to stop.
What are the federal text message laws for businesses?
The federal framework is not a blanket rule that every business text requires the same consent. The TCPA and FCC rules impose specific requirements based on the message and the way it is sent. The key federal requirements covered here concern certain advertising or telemarketing messages, how consent is obtained, and how a sender handles a revocation. The FCC’s codified rule is in 47 CFR § 64.1200.
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| Message or issue | What the cited federal rules establish |
|---|---|
| Covered advertising or telemarketing text to a wireless number | Prior express written consent is required when the message is sent using an automatic telephone dialing system or an artificial or prerecorded voice. |
| Other business texts | The written-consent requirement described above is not automatically the rule for every business text. Determine which rules apply to the message and sending method. |
| Customer asks to stop | A covered revocation may be made by any reasonable method that clearly expresses a desire to stop; the sender must honor it within a reasonable time, no more than ten business days after receipt. |
| Commercial email | CAN-SPAM is an email law; its email-specific requirements should not be treated as the SMS checklist. |
Do businesses need consent to text customers?
Covered advertising and telemarketing messages
For covered advertising or telemarketing texts sent to wireless numbers using an automatic telephone dialing system or an artificial or prerecorded voice, the FCC rule requires prior express written consent. The rule defines this as a written agreement bearing the recipient’s signature that clearly and conspicuously authorizes no more than one identified seller to send or cause the covered messages. An electronic or digital signature can qualify where applicable law recognizes it. See the definition in 47 CFR § 64.1200.
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Do not assume that the written-consent standard applies to every text just because a business sends it, or that a message is exempt simply because it is not promotional. The rule’s scope turns on the message and sending method. Identify those facts for each campaign, then check any other applicable federal and state requirements before sending.
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How can customers opt out of business texts?
For covered calls or texts, customers may revoke consent through any reasonable method that clearly communicates they do not want further messages. The rule lists reply keywords such as “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel,” and “unsubscribe.” It also recognizes designated website and telephone methods. A sender should not make one particular keyword the only effective way to opt out. The codified FCC rule and the FCC’s 2024 order describe the reasonable-method standard.
Honor requests promptly
Revocation requests made in a reasonable manner must be honored within a reasonable time, with an outside limit of ten business days from receipt. Ten business days is a maximum, not a suggested waiting period. A business should route opt-outs to the systems and vendors involved in its campaigns so a request is not lost when messages are sent through more than one channel or service. The deadline appears in 47 CFR § 64.1200(a)(10)(i).
When an opt-out confirmation is allowed
A sender may send one non-promotional message confirming the opt-out. It must do no more than confirm the request and must be the only additional message after the opt-out. It is not an opportunity to add an offer or other marketing. See the FCC order and the FCC’s February 15, 2024 announcement.
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CAN-SPAM governs commercial email, not SMS. Its email checklist includes requirements such as accurate header information, non-deceptive subject lines, a valid postal address, and a way to opt out. Those are not a substitute for analyzing the rules that govern texts. The FTC’s CAN-SPAM compliance guide addresses email, while its guidance on CAN-SPAM questions directs text marketers to the FCC rules and TCPA for wireless messages.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Can state law add requirements?
Yes. Federal law generally preserves more restrictive state requirements in the relevant area. A business should check the laws connected to its campaign, including the jurisdictions relevant to the recipients and the sender. The U.S. Code, Title 47, Chapter 5 addresses this federal-state relationship.
Requirements can differ by state, and the cited federal sources do not establish a complete current state-by-state list of registration, timing, consent, or other rules. Do not rely on a blanket national quiet-hours rule or assume that compliance in one state settles the question everywhere; check the applicable state’s current primary law.
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What should a business put in its texting compliance process?
- Classify each campaign: record its purpose and content, the sending method, and the jurisdictions involved before deciding which consent rules apply.
- Keep consent records: where written consent is required, retain the agreement and enough information to identify the seller and the authorization provided.
- Make revocations operational: ensure that staff and message-sending vendors can recognize reasonable opt-outs and propagate suppression across campaigns.
- Review tools as tools, not guarantees: a messaging or consent-management system may help organize records and suppression, but using one does not by itself establish legal compliance. Check that its actual features fit the business’s process.
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