# SMS Marketing Regulations: What Every Business Must Know Before Texting Customers ## Key Takeaways - Texting to a mobile number is governed mainly by the TCPA, which requires express written consent for marketing texts and limits sending to 8 a.m. to 9 p.m. local time. - CAN-SPAM mostly covers commercial email and email-to-text, not texts to a phone number, so the TCPA is the law most SMS marketers must follow. - Consent rises with the message: conversational texts need implied consent, informational texts need express consent, and promotional texts need express written consent. - The CTIA's carrier-enforced guidelines ban SHAFT content (sex, hate, alcohol, firearms, tobacco) and require 10DLC registration for A2P sending. - Several states add stricter mini-TCPA rules and tighter quiet hours, so meet the strictest rule that applies to anyone on your list. - Collect clear opt-ins that disclose terms, and store consent records (timestamp, source, and language) so you can prove permission. ## Why SMS Marketing Regulations Exist Text messages reach people in a way few channels can: directly, personally, and within seconds. That same power is why texting is tightly regulated. The rules exist to protect consumers from spam and unwanted contact, to keep carriers' networks trustworthy, and to make sure the messages that do land are ones people agreed to receive. For your business, the upside is simple. Follow the regulations and you protect your sender reputation, avoid steep fines, and build the kind of subscriber trust that makes SMS marketing work. This guide walks through the federal laws, industry guidelines, and state rules that govern business texting, the consent each one requires, and how to run a compliant program from day one. ## The Primary Federal Regulations Governing SMS Marketing Two federal frameworks shape most business texting in the United States, and it helps to know which one actually governs your messages. ### The Telephone Consumer Protection Act (TCPA) The TCPA is the main law governing texts sent to a mobile number. It requires prior express written consent before you send marketing texts with an automated system, limits sending to between 8 a.m. and 9 p.m. in the recipient's local time, and requires you to honor opt-outs right away. Violations are expensive: statutory damages run from $500 to $1,500 per message, which adds up fast across a list. ### The CAN-SPAM Act CAN-SPAM governs commercial email, and its reach into texting is narrower than many assume. Its mobile rule, enforced by the FCC, covers "mobile service commercial messages" sent to a wireless email address, like a number@carrier.com address, and requires prior authorization to send them. Texts sent to an ordinary phone number fall under the TCPA, not CAN-SPAM. In practice, that means the TCPA is the law most SMS marketers need to get right. ## Types of SMS Messages and the Consent Each Requires Not every text needs the same permission. Industry guidelines sort messages into three types, and the consent you need rises with how promotional the message is. ### Conversational messages Conversational texts are a back-and-forth the customer started, like replying to a question they texted you first. Because the customer initiated it, you generally have implied consent to respond with relevant information, as long as you stay on topic. ### Informational messages Informational texts give people something they asked for: appointment reminders, order updates, account alerts, or a welcome text after they shared their number. These require express consent, meaning the person clearly agreed to be contacted, though that consent does not have to be in writing. ### Promotional messages Promotional texts market a product, sale, or offer. They carry the strictest bar: express written consent. The person must agree, in writing or electronically, to receive promotional texts before you send one. Adding a coupon or a call to action to an otherwise informational text can make it promotional, so when in doubt, collect express written consent. ## CTIA Guidelines: The Framework Carriers Enforce Beyond the law, the wireless carriers enforce their own rules through the CTIA, the trade group that publishes the messaging principles every carrier expects senders to follow. Break these and carriers can filter or block your messages regardless of whether you broke a law. The CTIA framework requires clear opt-in and opt-out handling, honest sender identification, and reasonable message frequency. It also bans a category of restricted content known as SHAFT: sex, hate, alcohol, firearms, and tobacco. To send application-to-person (A2P) texts at all, carriers now require businesses to register their brand and campaigns through 10DLC, which ties your traffic to a verified sender and improves deliverability. ## State-Level SMS Marketing Regulations Federal rules set the floor, but several states add their own requirements, and the stricter rule always wins. Florida's Telephone Solicitation Act (FTSA), for example, tightened consent and narrowed calling and texting hours for messages sent to Florida residents, and states like Oklahoma and Washington have passed their own mini-TCPA laws. Some set narrower quiet hours than the federal 8 a.m. to 9 p.m. window. Because your list can include people in many states, the safest approach is to meet the strictest rule that applies to anyone you text, and to check current state law before you launch. ## Collecting and Documenting SMS Consent Every compliant program rests on two things: collecting consent the right way and being able to prove it later. ### Build a compliant opt-in experience A compliant opt-in makes the agreement clear and unmistakable. Use a plain call to action, tell people what they are signing up for and roughly how often you will text, and disclose that message and data rates may apply along with how to get help or opt out (the standard "Reply HELP for help, STOP to cancel"). A double opt-in, where the subscriber confirms by text, adds an extra layer of proof. ### Document and store consent records If a complaint ever lands, your records are your defense. For every subscriber, keep the timestamp, the source of the opt-in, and the exact language they agreed to. Sync that consent across your tools so a contact who texts STOP is removed everywhere at once, and so opt-in status never drifts between systems. ## Build a Compliant SMS Marketing Program with EZ Texting Compliance should not slow you down. EZ Texting builds the rules into the platform with guided [compliance](https://www.eztexting.com/platform-security) features: SafeSTOP opt-out handling, keyword and web sign-up tools that capture clear consent, guided 10DLC registration, and [two-way texting](https://www.eztexting.com/features/two-way-texting) and [automation](https://www.eztexting.com/features/text-message-automation) that stay inside the lines. [Start a free trial](https://www.eztexting.com/start?pid=721003) and build a compliant SMS program from day one. ## Frequently Asked Questions About SMS Marketing Regulations ### What laws regulate SMS marketing in the United States? The main one is the TCPA, which governs marketing texts sent to mobile numbers and requires express written consent. The CTIA's industry guidelines, enforced by carriers, add rules on content and opt-outs, 10DLC registration covers A2P sending, CAN-SPAM covers commercial email including email-to-text, and several states add stricter requirements of their own. ### Do I need written consent to text my customers? For promotional texts, yes: the TCPA requires prior express written consent. Informational texts, like appointment reminders a customer asked for, need express consent but not necessarily in writing, and conversational replies the customer started rely on implied consent. When a message mixes information with an offer, treat it as promotional and get written consent. ### What are the TCPA texting hours? The TCPA limits marketing texts to between 8 a.m. and 9 p.m. in the recipient's local time. Several states set narrower windows, so if your list spans multiple states, send within the strictest hours that apply. ### What happens if I break SMS marketing regulations? TCPA violations carry statutory damages of $500 to $1,500 per message, and class actions can reach into the millions. Carriers can also filter or block a non-compliant sender, which quietly kills your deliverability even without a lawsuit.