In the US, a business may send promotional text messages to customers on one main condition: they must have agreed in writing to receive them. The federal law is the Telephone Consumer Protection Act (TCPA), applied by the Federal Communications Commission (FCC) in its rules at 47 CFR 64.1200. Add to that sending hours, the national Do Not Call Registry, opt-out requests (STOP) to honor quickly, state laws that go further, and carrier registration of your number.

This article reflects the rules as of October 22, 2026, based on the official pages listed at the end. It covers federal law and two of the strictest state laws (Florida and Oklahoma): other states have their own rules, so check the one where your customers live. It is general information, not legal advice: for a specific situation, ask an attorney.

Do you need a customer's consent before sending a promotional text?

Yes, and in writing. The FCC treats a text as a call. Under its rules, a call or text that “includes or introduces an advertisement or constitutes telemarketing”, sent to a cell phone with an automatic dialing system, needs the recipient's “prior express written consent” (47 CFR 64.1200(a)(2)). Whether a given texting tool legally counts as an automatic dialing system is a technical question, but Florida and Oklahoma require the same written consent for automated sales texts, and carriers ask senders to text only people who opted in. In practice, treat written consent as the rule.

According to the FCC's definition, written consent is a signed agreement (an electronic signature counts, such as a checkbox or a form submitted online) that names the phone number and clearly authorizes your business to send it marketing messages. It must state, clearly and conspicuously, that the person is not required to agree as a condition of buying anything.

  • At the register, on a paper form or a tablet: an unchecked box such as “I agree to receive marketing texts from [business name] at this number. Consent is not a condition of purchase. Msg frequency varies. Reply STOP to opt out, HELP for help.”
  • A clear sentence on what the person will receive (offers, news), how often, and how to opt out.
  • A record of each agreement: who, which number, when and how. CTIA, the US wireless industry association, asks senders to keep this proof.
  • No bought lists: CTIA says senders should not use opt-in lists that have been rented, sold or shared, and should build their own.

Can you text existing customers without written consent?

Not for marketing. The federal rules have an “established business relationship” exception (a purchase in the last 18 months, or an inquiry in the last 3 months), but it only matters for the Do Not Call Registry: it does not replace written consent for automated marketing texts. Service messages are different: a text with no promotion, such as an appointment reminder, only needs the person's prior express consent, which does not have to be written (47 CFR 64.1200(a)(1)).

  • A client booked a haircut and gave her number for the appointment: you may send a plain reminder. To text her a promotion, you need her written consent.
  • The number comes from a bought list: no consent, so no marketing texts.
  • You want to pass on an offer from a partner business: the consent a customer gave you covers your business only. CTIA adds that an opt-in should not be transferred or assigned.

What must every text message include?

Each text must make clear who is sending it: the FCC's rules require telemarketers to give the name of the business and a phone number or address where it can be reached (47 CFR 64.1200(d)(4)). Each text should also say how to opt out. CTIA recommends the standard word STOP, and a confirmation message when someone signs up for recurring texts (program name, HELP for help, how to opt out, message frequency, and “Msg & data rates may apply” if relevant).

  • Your business name at the start of the text, so people know who is writing.
  • “Reply STOP to opt out” in your messages. The FCC lists stop, quit, end, revoke, opt out, cancel and unsubscribe as words that always revoke consent.
  • Prompt handling of every opt-out, and your own do-not-text list that you check before each send.

How fast must you honor a STOP request, and what changes in 2026?

Today, a customer can revoke consent by any reasonable means (a STOP reply, an email, a voicemail), and you must honor it within a reasonable time, no more than 10 business days (47 CFR 64.1200(a)(10)). You may send one confirmation text with no promotion, ideally within five minutes. If you use a protocol that does not accept replies, each text must say so and give another way to opt out.

On September 30, 2026, the FCC adopted an order (FCC 26-67) that changes these rules. A sender will be able to designate one exclusive way to opt out (a STOP-type reply, a website or a phone number), shown in each message. A STOP sent in reply to a marketing text will revoke consent to all marketing texts from that sender. The 10-business-day limit stays. These changes take effect 30 days after publication in the Federal Register, which had not happened on October 22, 2026; the FCC will announce the exact date. They replace the “revoke all” rule that had been postponed to January 31, 2027.

What times can you send a promotional text?

Federal rules ban telephone solicitations before 8 a.m. or after 9 p.m., local time at the recipient's location (47 CFR 64.1200(c)(1)), and the FCC applies this to texts sent to cell phones. Some states are stricter. Florida and Oklahoma limit commercial solicitation calls to between 8 a.m. and 8 p.m. in the recipient's time zone, and to no more than three on the same subject within 24 hours. The safe practice for texts: 8 a.m. to 8 p.m., in your customer's time zone, not yours.

Does the Do Not Call Registry apply to text messages?

Yes. In December 2023, the FCC confirmed that the National Do Not Call Registry protects text messages: you need the person's prior express invitation or permission before sending a marketing text to a cell number on the registry. If you rely on something other than written consent, you must check the registry, using a copy no more than 31 days old. The FTC runs the registry: the first five area codes are free, then $85 per area code a year since October 1, 2026. You must also keep your own do-not-call list and honor each request for 5 years.

Do you have to register your number (10DLC)?

Yes, if you text customers from a standard 10-digit number. US carriers call this 10DLC: T-Mobile states that all businesses sending this kind of traffic must be registered before their messages are approved for delivery on its network. Registration covers your business (the “brand”) and each type of message (the “campaign”), and goes through your texting provider, which submits it to The Campaign Registry. Unregistered texts are filtered or blocked.

What are the penalties?

The TCPA lets any recipient sue: actual damages or $500 per violation, whichever is greater, up to three times that amount ($1,500) if the violation was willful or knowing. The same applies to more than one call or text in 12 months to a number on the Do Not Call Registry, and state attorneys general can sue on behalf of residents. Florida and Oklahoma add their own private actions ($500 per violation, tripled if willful). Because damages are counted per message, a single campaign to a few hundred people can cost tens of thousands of dollars. In Florida, before suing over texts, a customer must first reply STOP; the sender then has 15 days to stop.

How to keep it simple in your business

  1. Add an unchecked “Get our offers by text” box, with the consent wording, wherever you collect a number: customer form, booking, loyalty card.
  2. Record who agreed, which number, when and how.
  3. Keep customers who agreed to marketing separate from those who only gave a number for reminders.
  4. Re-read every text before sending: business name, STOP mention, clear offer.
  5. Send between 8 a.m. and 8 p.m. in your customer's time zone.
  6. Remove anyone who replied STOP from your lists right away, and within 10 business days at the latest.

With Ooklo, AI drafts your texts, emails and posts, and nothing goes out until you approve it: the right moment to check the points above. SMS is a paid option, available on every plan, and every plan comes with a 14-day free trial.

Does an appointment reminder text require written consent?+
No, if it is a pure service message. Texts with no advertising or telemarketing need the person's prior express consent, which does not have to be written. As soon as you add an offer, the text counts as marketing and written consent applies.
Can you send a promotional text on a Sunday?+
Federal rules set hours (8 a.m. to 9 p.m. local time), not days. Some states have their own limits, so check the state where your customers live.
Is the word STOP mandatory?+
The FCC lists STOP among the words that always revoke consent, and CTIA recommends standard STOP wording in your messages. Under the FCC order adopted on September 30, 2026, a sender that makes reply texts its only opt-out method must include at least one of those words in each text.
How long do I have to stop texting someone who replied STOP?+
No more than 10 business days, under federal rules. You may send one confirmation text with no promotion. Remove the number right away to be safe.
Can I use phone numbers collected for appointments?+
For reminders about the appointment, yes. For promotions, you need the person's written consent first: add an opt-in box to your booking form.
Does the Do Not Call Registry block text messages?+
Yes. The FCC confirmed in 2023 that the registry's protections cover text messages. With a customer's written consent, you may text them even if their number is on the registry.
Where can customers report an unwanted text?+
The FTC advises forwarding it to 7726 (SPAM), which helps the wireless provider block similar messages, and reporting it at ReportFraud.ftc.gov.
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Sources

  • eCFR, 47 CFR 64.1200, Delivery restrictions (up to date as of October 20, 2026), https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200 (accessed October 22, 2026)
  • U.S. Code, 47 U.S.C. 227, Restrictions on use of telephone equipment, https://www.law.cornell.edu/uscode/text/47/227 (accessed October 22, 2026)
  • FCC, Report and Order and Further Notice of Proposed Rulemaking, FCC 26-67 (adopted September 30, 2026), https://docs.fcc.gov/public/attachments/FCC-26-67A1.pdf (accessed October 22, 2026)
  • FCC, FCC Votes to Give Consumers More Choice in the Calls They Receive (September 30, 2026), https://docs.fcc.gov/public/attachments/DOC-425498A1.pdf (accessed October 22, 2026)
  • FCC, Order DA 26-12 extending the effective date of the revoke-all rule to January 31, 2027 (January 6, 2026), https://docs.fcc.gov/public/attachments/DA-26-12A1.pdf (accessed October 22, 2026)
  • FCC, Second Report and Order on unlawful text messages, FCC 23-107 (December 13, 2023), https://docs.fcc.gov/public/attachments/FCC-23-107A1.pdf (accessed October 22, 2026)
  • FTC, FTC Announces 2027 Telemarketer Fees to Access the National Do Not Call Registry (August 26, 2026), https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-announces-2027-telemarketer-fees-access-national-do-not-call-registry (accessed October 22, 2026)
  • FTC, How to recognize and report spam text messages, https://consumer.ftc.gov/articles/how-recognize-and-report-spam-text-messages (accessed October 22, 2026)
  • The 2026 Florida Statutes, section 501.059, Telephone solicitation, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.059.html (accessed October 22, 2026)
  • The 2026 Florida Statutes, section 501.616, Unlawful acts and practices, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.616.html (accessed October 22, 2026)
  • Oklahoma Legislature, HB 3168 (enrolled), Telephone Solicitation Act of 2022, 15 O.S. 775C.1 and following, https://oklegislature.gov/cf_pdf/2021-22%20ENR/hB/HB3168%20ENR.PDF (accessed October 22, 2026)
  • CTIA, Messaging Principles and Best Practices (May 2023), https://api.ctia.org/wp-content/uploads/2023/05/230523-CTIA-Messaging-Principles-and-Best-Practices-FINAL.pdf (accessed October 22, 2026)
  • T-Mobile, Consumer versus Non-Consumer Text Messaging, https://www.t-mobile.com/support/plans-features/consumer-versus-non-consumer-text-messaging (accessed October 22, 2026)
  • The Campaign Registry, https://www.campaignregistry.com/ (accessed October 22, 2026)