TCPA Text Message Rules: What Businesses Need to Get Right in 2026

Can you text a customer who gave you their number at checkout? What about a lead who filled out a form last year, or someone who texted your support line first?

The TCPA was written for phone calls, but the FCC and most courts apply it to texts. Consent, timing, and opt-outs are the parts that usually get companies in trouble. This is general information, not legal advice, and state law can change the answer.

In this guide:

• What you need before you send
• Consent, in plain terms
• Whether texts count as calls
• Timing and quiet hours
• Carrier rules
• What a violation can cost
• Common situations
• Before each campaign

What you need before you send

Scroll sideways on a phone to see both columns.

A customer who gave a number "for order updates" hasn't agreed to a Black Friday promo. Moving that number onto a marketing list is one of the most common paths into a TCPA text message violation.

Consent, in plain terms

Informational texts need prior express consent when they're sent with an autodialer. Someone who gave you their number for that purpose has usually consented to related messages.

Marketing texts need more: prior express written consent for autodialed or prerecorded telemarketing. The agreement has to name the seller, the number, and the fact that marketing messages are allowed.

Since Facebook v. Duguid (2021), some platforms argue they don't use an autodialer. That may be true for some systems, but it's a fact-specific fight, and DNC and state-law claims don't depend on it. Most compliance teams still collect written consent for marketing texts.

The FCC's one-to-one consent rule is gone. The Eleventh Circuit vacated it in January 2025 in Insurance Marketing Coalition v. FCC. That doesn't mean any lead form works. Consent still has to be clear and given to the business that's texting. If you buy leads, ask for the exact form, disclosure language, and timestamp for each one.

Texts and calls aren't settled everywhere

The FCC has treated text messages as "calls" under the TCPA for over two decades. In January 2026 the Ninth Circuit agreed, in Howard v. Republican National Committee. In July 2026 the Seventh Circuit held in Steidinger v. Blackstone Medical Services that texts aren't "telephone calls" for the DNC lawsuit provision, § 227(c)(5).

That split is narrow. It affects one provision, in one circuit. Autodialer rules, FCC enforcement, state laws, and carrier policies still treat marketing texts as something that needs consent. We cover the split in more depth in our piece on whether text messages count as phone calls.

Timing

Federal rules: 8 a.m. to 9 p.m. in the recipient's local time.

Several states tighten that window. Florida, Oklahoma, and Maryland, for example, use 8 a.m. to 8 p.m. and cap solicitations at three per 24 hours on the same subject. Our guide to quiet hours by state lays out the differences.

Identify the brand in the first message. Carriers expect it, and many state laws require the seller's name in marketing texts.

A phone number doesn't tell you where someone is. People move and keep their numbers. SubscriberVerify's location algorithm doesn't rely only on the area code, which helps keep scheduled sends inside the recipient's actual window.

Carrier rules sit on top of the law

Even a legally clean campaign can get blocked by carrier restrictions. Wireless carriers follow the CTIA Messaging Principles and Best Practices, and they expect:

• 10DLC brand and campaign registration
• Opt-in records and a clear program description
• STOP and HELP handling
• Content that stays out of high-risk categories unless you're approved for them

Messages that draw complaints get filtered. Unregistered traffic can be blocked outright. Carriers also charge per-message fees, so texting dead or landline numbers isn't just a compliance problem.

What a violation can cost

A single bad list sent to 10,000 people creates exposure that's easy to calculate.

Common situations

Before each campaign

1. Capture consent on your own forms when you can, and store the disclosure language, timestamp, IP address, and phone number together.
2. Keep marketing consent separate from transactional consent.
3. Run the list through a bulk phone number validator so you know which numbers are mobile, landline, VoIP, or deactivated. Deactivated numbers can be reassigned to someone who never opted in. SubscriberVerify also returns DNC screening and known-litigator matches in the same file.
4. Schedule inside a conservative window based on the recipient's likely location.
5. Keep one suppression list that every texting and calling tool checks before sending.
6. Keep consent and send logs for at least as long as someone could sue you over a message. The federal TCPA statute of limitations is generally treated as four years.

Sources: 47 U.S.C. § 227; 47 C.F.R. § 64.1200; Facebook, Inc. v. Duguid (2021); Insurance Marketing Coalition v. FCC (11th Cir. Jan. 2025); FCC 24-24 (Feb. 2024); Federal Register doc. 2026-21821; Howard v. RNC (9th Cir. Jan. 13, 2026); Steidinger v. Blackstone (7th Cir. July 14, 2026); Fla. Stat. § 501.059; CTIA Messaging Principles and Best Practices.

Frequently asked questions

Do TCPA rules apply to text messages?

The FCC has treated text messages as calls under the TCPA for over two decades, and in January 2026 the Ninth Circuit agreed in Howard v. Republican National Committee. In July 2026 the Seventh Circuit held in Steidinger v. Blackstone Medical Services that texts are not telephone calls for the DNC lawsuit provision, § 227(c)(5). That split is narrow. Autodialer rules, FCC enforcement, state laws, and carrier policies still treat marketing texts as something that needs consent.

What consent do I need before a marketing text?

Marketing texts sent with an autodialer need prior express written consent: a clear authorization, which can be an e-signature or checkbox, to message a specific number. Consent cannot be a condition of purchase. The agreement has to name the seller, the number, and the fact that marketing messages are allowed. A number given only for order updates is not consent for a promotion.

How fast do I have to honor STOP?

Treat stop, quit, end, revoke, opt out, cancel, or unsubscribe as a valid revocation, along with other wording a reasonable person would understand. Honor it within 10 business days. You may send one confirmation text within five minutes, with no marketing. Starting November 25, 2026, you can designate an exclusive opt-out method if you disclose it clearly in the text.

What can a TCPA text message violation cost?

The TCPA allows $500 per violation, or up to $1,500 if a court finds it willful or knowing. Each text can count separately. Many states add their own damages. Florida's Telephone Solicitation Act generally requires the consumer to reply STOP and give the sender 15 days before suing over texts.

Check the list before the next send. See which numbers are mobile, landline, VoIP, or deactivated, and screen for DNC and known litigators in the same file. Bulk Phone Validator DNC Screening

Related reading

• Quiet hours by state
• Are text messages phone calls?
• TCPA, carrier restrictions, and cold calling in 2026
• TCPA compliance checklist