Guide to SMS Marketing Compliance in the US (Updated 2025)
For SMS marketing practices to remain ethical and legal, compliance with a complex set of regulations is essential. There’s a lot to know about text messaging compliance, shedding light on the key regulations and requirements (especially if your target is the US Citizen Audience). These regulations serve as the compass guiding marketers towards a principled course of action while protecting the interests and privacy of recipients.
Key Takeaways
1. Compliance with Multiple Regulatory Layers Is Essential
SMS marketers must be aware of three layers of regulation: federal laws (such as the TCPA), industry guidelines (e.g., CTIA), and specific state rules. Each layer adds unique obligations, making nationwide compliance both complex and critical.
2. Explicit Prior Consent and Data Retention Are Non-Negotiable
To legally send marketing texts, businesses must obtain and document clear, written consent from recipients. This consent should be retained for at least four years to protect against future legal claims, per the TCPA’s statute of limitations.
3. State Laws Add Specific Timing, Frequency, and Content Rules
States like Florida, Connecticut, and Oklahoma impose stricter rules regarding message timing (typically 8 AM – 8 PM), message frequency (no more than three per topic per 24 hours), and opt-out requirements. Failing to follow these rules can result in significant fines or the blocking of campaigns.
Let’s explore them.
The Three Layers of Compliance
TCPA – Telephone Consumer Protection Act
The Telephone Consumer Protection Act (TCPA) is the federal legislation that governs telemarketing, text messaging, and the Do-Not-Call list. While these laws don’t explicitly mention anything about SMS, it’s been ruled that texts are treated as phone calls under the TCPA. These laws exist to protect people from unsolicited text messages and phone calls.
CTIA – Cellular Telecommunications Industry Association
This is a trade group that represents wireless carriers and other entities in the telecommunications industry. The CTIA maintains the Short Code Monitoring Handbook, which lays out additional guidelines for SMS marketing. The CTIA guidelines align with TCPA laws to protect individuals from unwanted text messages, while also helping marketers create a better experience for consumers. In this regard, we have the TCPA as a federal law, and the CTIA as a carrier law.
Individual Carrier Networks (or MNOs, Mobile Network Operators)
Each carrier network is privately owned and operated, and as such, they reserve the right to approve, reject, question, or turn off any campaign on their network. Some carriers have their own individual Code of Conduct.
The specific requirements for each state are outlined in the text below.
Specific requirements for each state
Arizona: House Bill 2312
With this regulation, a ban on unsolicited text messages was imposed, preventing SMS marketers from sending advertisements via text messaging. The bill requires telemarketers to receive prior consent before sending automated text messages to mobile phones.
California: California Consumer Privacy Act (CCPA)
Under this act, California customers have the right to request a report on the personal information a company has on them and a list of other companies with which it shares that data.
To comply with the act, SMS marketers must inform California customers about the personal information they are collecting, provide an option to request data access, update their privacy policies to reflect California rights, and offer opt-out methods. Marketers must not send an opt-in request for at least 12 months if a customer opts out of the text messaging program.
Connecticut: Act Prohibiting Unsolicited Commercial Text Messages and Increasing Penalties for Violations of the Do Not Call Registry
In 2014, Connecticut passed a law making it illegal to send unsolicited text and media messages to Connecticut residents (regardless of whether it was auto-dialled or not). Just one text message sent without receiving expressed consent is subject to a $20,000 penalty.
Connecticut is the only state requiring express written consent to receive commercial messages. This law also prohibits SMS marketers from sending texts and media messages to customers listed on Connecticut’s Do Not Call registry.
Florida: Telemarketing Act
This act prohibits telemarketers from sending text messages to Florida customers using automated technology unless they’ve received prior consent. Under this law, telemarketers cannot hide their identity, contact a customer more than three times within 24 hours, or send texts outside the hours of 8 AM and 8 PM. And finally, text messaging applies to the state’s Do Not Call registry.
Indiana: House Enrolled Act 1273
This act expanded current legislation prohibiting “Robo Calls” to include texts, multimedia messages, and all forms of cell phone communication to Indiana cell phone numbers. Also, if an Indiana resident’s phone number is listed on the state’s Do Not Call registry, telemarketers cannot send them unsolicited text messages.
New Jersey: Text Message Privacy Law, A-617
Text messages sent to residents of New Jersey are subject to a new law, A-617, that requires companies to receive permission before sending them, which could result in charges or affect their text allocations. SMS marketers must provide recipients with an opt-out option and provide details on the number of messages they sent.
Oklahoma: Oklahoma Telephone Solicitation Act
This act prohibits SMS telemarketers from messaging an Oklahoma resident more than three times about the same subject within 24 hours. It also prohibits companies from sending SMS texts between 8 PM and 8 AM. And like Florida’s bill, the Oklahoma act prevents companies from sending messages using automated systems without the customer’s prior consent.
Virginia: Virginia Telephone Privacy Protection Act
This act covers customers with Virginia area codes and those with non-Virginia area codes who reside in the state of Virginia. SMS marketers must also clearly and accurately identify themselves in text message communication. And to top it off, the amendments also increased the damages associated with violations.
Washington: Washington’s Consumer Electronic Mail Act (CEMA)
Under this act, it’s illegal for marketers to send commercial text messages without prior permission.
According to Wisconsin law, if your phone number is listed on the Wisconsin No Call program, you are protected against unsolicited calls and texts.
Wisconsin: Do Not Call Law
According to Wisconsin law, if your phone number is listed on the Wisconsin No Call program, you are protected against unsolicited calls and texts.
Requirements
Express Written Consent
| Informational – Express Consent | Promotional – Express Written Consent |
| The Consumer should give express permission before a business sends them a text message. The consumer may permit text, on a form, on a website, or verbally. The consumer may also give written permission. | The Consumer should give express written permission before a business sends them a text message. Consumers may sign a form, check a box online, or otherwise provide consent to receive promotional text messages. |
Additionally, it’s recommended that you use the double opt-in method to confirm recipients’ subscriptions to SMS. Double opt-in text messages will help to confirm the phone number provided by the recipient is legitimate and correct, capture an electronic record of the recipient’s consent, as well as provide a way for the person to opt-out in the initial stage. (this is not something you shoud prefer doing, but it shows transparency from your side and the intent to be compliant).
The Call to Action – Encouraging or Inviting a Customer to Opt-in
You will need to provide:
| Product description | Message frequency | Complete Terms & Conditions or link to complete Terms & Conditions | Privacy Policy or link to the Privacy Policy |
| Customer Care Contact Information (send Help for help) | ‘Message and Data rates’ disclosure | Opt-out instructions, such as: ‘Send STOP to stop receiving communication’ | STOP keyword |
Terms & Conditions Requirements
| Program/Brand name | Description of the Program | Opt-Out Information |
| Message frequency | Customer Care Contact Information | ‘Message and Data rates’ disclosure |
There are no specific requirements for the Privacy Policy. However, it is essential to be transparent with the data subjects; therefore, we strongly advise including this in the Privacy Policy as well.
Prohibited Content
| Spam | Depictions or endorsements of violence | Profanity or hate speech |
| Fraudulent or misleading messages | Inappropriate content | Endorsement of illegal drugs |
Sending Time-frame
TCPA Stipulations
The TCPA (Telephone Consumer Protection Act) stipulates that text messages may only be sent between 8 AM and 9 PM in the time zone your recipient is in. However, specific states have more restrictive rules. In this regard, you will need to consider the different time zones in which the recipients will be located.
Some additional things to be aware of are:
Data Retention
To protect yourself from future disputes, it’s advisable to maintain each contact’s consent for at least four years from the date on which it was given, which is the federal statute of limitations for bringing an action under the Telephone Consumer Protection Act.
Time Zones
Ensure that messages are sent in the appropriate time zone. Additionally, as you may have noticed, most of the timeframes in state legislation are from 8:00 AM to 8:00 PM.
Frequency
Pay attention to the state rules, which limit the number of SMS messages about the same subject to 3 within a 24-hour timeframe.
Evidence of Consent
Be aware that you must maintain a clear record of the consent obtained. In addition, this requires a clearly defined tick box on the registration page with explicit wording. Example: ‘I agree to receiving SMS’.
As SMS marketing continues to innovate and connect, adherence to compliance isn’t just a legal requirement – it’s a testament to your dedication to maintaining genuine relationships. We’d love to hear from you and help you ensure your SMS marketing campaigns are compliant and ready to reach a receptive audience ethically.
Frequently Asked Questions (FAQs)
- What are the primary regulations governing SMS marketing in the US?
SMS marketing is primarily regulated by the Telephone Consumer Protection Act (TCPA), the Cellular Telecommunications Industry Association (CTIA) guidelines, and individual state laws, such as Washington’s Consumer Electronic Mail Act (CEMA). - How can I ensure I have proper consent for sending SMS messages?
Proper consent involves obtaining explicit permission from recipients, often through a precise opt-in mechanism, such as a checkbox stating, “I agree to receiving SMS.” It’s essential to keep records of this consent for at least four years. - Are there restrictions on the timing and frequency of SMS messages?
Yes. Many state laws restrict sending messages between 8 AM and 8 PM. Additionally, it’s advisable to limit messages to a maximum of three per topic within 24 hours to avoid overwhelming recipients.
For questions about the next steps, call us on +1 303 317 5998 or write to us at [email protected].