Guide to SMS Marketing Compliance in the US

To keep SMS marketing ethical and legal, compliance with a complex set of regulations is essential. Text messaging compliance involves a lot to know, so this guide highlights the key regulations and requirements (especially if your target is the US Citizen Audience). These regulations serve as a compass, guiding marketers toward principled action while protecting recipients’ interests and privacy.

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. Retain this consent 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 on 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 campaign blocking.

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 SMS, courts have 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 trade group 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 helping marketers create a better consumer experience. In this regard, the TCPA is a federal law, and the CTIA is a carrier law.

Individual Carrier Networks (or MNOs, Mobile Network Operators)

Each carrier network is privately owned and operated, and as such, it reserves the right to approve, reject, question, or turn off any campaign on its 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

This regulation imposed a ban on unsolicited text messages, 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 can request a report on the personal information a company holds about them and a list of other companies with which it shares that data.

To comply, SMS marketers must inform California customers about the personal information they collect, offer an option to request data access, update their privacy policies to reflect California rights, and provide 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). Sending even one text message without express consent can result in 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 New Jersey residents are subject to a new law, A-617, that requires companies to obtain permission before sending them, which could result in charges or affect their text allocations. SMS marketers must give recipients an opt-out option and disclose how many 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 Virginia. SMS marketers must also clearly and accurately identify themselves in text message communication. To top it off, the amendments also increased the damages for violations.

Washington: Washington’s Consumer Electronic Mail Act (CEMA)

Under this act, marketers may not 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

Under Wisconsin law, if your phone number is listed on the Wisconsin No Call program, you are protected from 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 double opt-in to confirm recipients’ SMS subscriptions. Double opt-in text messages help confirm the recipient’s phone number is legitimate and correct, capture an electronic record of consent, and provide an early opt-out option. (This isn’t something you should prefer doing, but it shows transparency and your intent to comply.)

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 be sent only between 8 AM and 9 PM in the recipient’s time zone. However, some states have stricter rules. In this regard, you will need to consider the time zones in which your recipients are located.

Some additional things to be aware of are:

Data Retention

To protect yourself from future disputes, maintain each contact’s consent for at least four years from the date 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. Also, as you may have noticed, most state legislation timeframes run from 8:00 AM to 8:00 PM.

Frequency

Pay attention to state rules, which limit SMS messages on the same subject to 3 within a 24-hour timeframe.

Evidence of Consent

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 receive SMS’.

As SMS marketing continues to innovate and connect, compliance isn’t just a legal requirement; it’s a testament to your commitment to 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

What are the primary regulations governing SMS marketing in the US?

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), primarily regulate SMS marketing.

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. Also, 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].