If you send texts to customers, clients, or prospects as part of your business, you’re probably not thinking about lawyers. You’re just trying to confirm an appointment, follow up on a quote, or let someone know their order shipped.
But here’s the thing: those everyday messages are covered by actual laws. And these laws come with penalties that can reach thousands of dollars per text. Yes, per text.
The reason these rules exist is pretty straightforward. Back when spam texts and robocalls got out of control, lawmakers stepped in to protect people from having their phones hijacked by unwanted marketing. The main law that covers this, called the TCPA, was written decades ago. It’s been updated since then, but the core idea remains the same: you can’t text someone for business purposes unless they’ve given you permission.
That might sound simple enough. But in practice, it gets tricky fast. What counts as permission? Does it matter if someone gave you their phone number on a form? Can you text a past customer without asking again? And what about appointment reminders or shipping updates?
The good news is you don’t need a law degree to get this right. Most business texting mistakes happen because people simply don’t know the rules exist. Once you understand a few basics about consent, opt-outs, and what kind of messages trigger these laws, staying compliant becomes part of your routine. That’s what we’re here to cover.
Why business texting is regulated in the first place
Your phone is personal. It sits in your pocket, buzzes during dinner, and wakes you up in the morning. Unlike email, which you might check when convenient, a text message demands attention the moment it arrives. That immediacy is exactly why businesses love texting, and why lawmakers decided it needed guardrails.
Text messages are incredibly easy to send in bulk, and they’re hard to ignore. Without rules, companies could bombard you with dozens of offers every day, and you’d have no easy way to make them stop. The laws around business texting exist mainly to prevent that kind of abuse. They’re designed to keep your phone from becoming a relentless advertising channel you never signed up for.
So what counts as a business text? It’s broader than you might think. Marketing messages are the obvious ones, like a sale announcement or a discount code. But payment reminders, appointment confirmations, delivery updates, and even customer service replies can all fall under the rules, depending on how you got the person’s number and whether they agreed to hear from you.
Even genuinely helpful messages can cross the line if they’re sent without proper permission. A dentist texting appointment reminders might seem harmless, but if patients never agreed to receive texts, those messages could still violate the rules. The key issue isn’t whether the message is useful or wanted. It’s whether the person gave clear permission to be contacted that way, and whether they can easily opt out if they change their mind.
Consent is the big rule behind most business texting laws
Before you send a business text, you need permission. Not just a phone number sitting in your database, but actual consent to send messages. There’s a real difference between someone writing their number on a form and someone agreeing to hear from you by text.
Consent usually happens in a few common ways. You might add a checkbox on your website that says something like “Yes, send me text updates about my order.” Or you might include a line on a paper form at your store where customers initial to agree. Some businesses use keyword opt-ins, where someone texts a word like START or JOIN to your number. You can even get verbal permission over the phone, though you’ll want to note that conversation in your records.
The key is clarity. Good consent tells people what they’re signing up for in plain language. It explains who’s texting, what kind of messages they’ll get, and how often. A vague “stay in touch” checkbox doesn’t cut it.
Here’s something many businesses miss: consent can be tied to purpose. Someone might agree to receive appointment reminders but not promotional offers. If they said yes to service updates, you can’t start sending them sales texts without asking again.
Documenting all this matters more than most people realize. If a question ever comes up about whether someone gave permission, you need to show how and when they agreed. Keep records of when consent was collected, what the person saw or heard, and what they agreed to receive. Think of it as a receipt that protects both you and your customers.
Not all texts are treated the same: service updates vs marketing
Here’s something that catches a lot of people off guard: the kind of message you send matters just as much as whether you got permission to send it. A text confirming someone’s dentist appointment is treated very differently than a text announcing your weekend sale.
Messages that help complete something the customer already signed up for are generally seen as informational or transactional. Think appointment reminders, shipping notifications, password resets, or receipts. These texts exist to make a service work smoothly. They’re expected, even wanted. The rules around them tend to be more relaxed because they’re not trying to sell anything new.
Marketing texts are a different beast. These are messages designed to promote, persuade, or bring someone back. A coupon code, an announcement about new products, or a message saying “we miss you” with a special offer all fall into this category. Marketing messages typically need clearer, stronger consent. You can’t just assume permission.
The tricky part? Some messages live in a gray area. Let’s say you’re a freelancer who sent a quote last week. Is a follow-up text about that quote informational or marketing? What about texting a past client to ask for a review, or letting someone know you have openings next month?
These situations don’t always have obvious answers. A follow-up on an active quote leans informational. But a text to someone you worked with six months ago announcing you’re taking new clients starts to look like marketing. When in doubt, lean toward treating it like marketing. That means getting explicit permission and being extra careful about timing and frequency.
Opt-out rules shape what you must include in your messages
An opt-out is simply a way for someone to tell you they don’t want your texts anymore. The most common version is replying with the word STOP. This isn’t just a courtesy—it’s a legal requirement. When someone opts out, you need to honor it immediately and stop sending marketing messages to that number.
The expectation around STOP comes from how texting works. Unlike email where messages sit in an inbox, texts interrupt people directly. That makes unsolicited messages feel more invasive. Regulators decided people needed a simple, universal escape route.
You’ll usually see opt-out language in the first message someone receives from a business. It might say something like “Reply STOP to opt out” or “Text STOP to unsubscribe.” If you’re running an ongoing campaign, it’s smart to include a reminder every so often, especially if messages go out infrequently.
When someone does opt out, send them a quick confirmation that they’ve been removed. Then make sure no more marketing texts go to that number. This is where things can go wrong fast. Some businesses only recognize the exact word STOP, ignoring variations like “stop,” “unsubscribe,” or “please remove me.” That’s risky. If someone clearly wants out, let them out.
Other common mistakes include texting from a different number after someone has opted out, or mixing personal conversations with promotional ones on the same thread. Once someone opts out from your business, that opt-out applies across all your numbers and campaigns. Trying to get around it by switching numbers can lead to serious fines and a damaged reputation.
Timing, frequency, and content can still get you in trouble
Getting permission to text someone is just the starting line. How you send messages matters just as much as whether you’re allowed to send them at all.
Timing is a big one. Texting someone at two in the morning or six on a Sunday is a fast way to annoy people and trigger complaints. Even if they said yes to your messages, nobody wants their phone buzzing during dinner or while they’re asleep. Most regulations expect you to stick to reasonable hours, which generally means daytime and early evening on weekdays.
Frequency is where a lot of businesses trip up. You might think one more reminder won’t hurt, but your customers might see it differently. What feels like helpful follow-up on your end can feel like harassment on theirs. If someone signed up for appointment reminders and you’re also sending them weekly promotions, flash sales, and survey requests, you’ve crossed a line. People have a low tolerance for repetitive texts, and too many messages can lead to complaints or even legal trouble.
Content matters too. Every message should clearly say who it’s from. If your text doesn’t identify your business right away, it looks suspicious. Be direct about what you’re offering or asking for. Don’t use vague language or misleading links that make people guess where they’ll end up if they click. If it’s a promotion, say so upfront. Trying to disguise a sales pitch as something else is both annoying and risky.
The habit of sending just one more nudge is tempting, especially when you’re trying to close a sale or fill appointment slots. But restraint is part of compliance. Respect beats persistence every time.
Your tools and phone number affect compliance more than you think
If you’re texting customers from your personal phone, you’re creating a compliance problem without realizing it. When messages live on your personal device, there’s no easy way to prove someone consented to receive them. If a customer complains or files a lawsuit, you’ll need records showing they opted in. A personal phone doesn’t keep that kind of documentation organized or accessible.
The same goes for opt-out requests. When someone texts back “STOP,” you need a system that flags that number so no one on your team contacts them again. If you’re managing this manually, mistakes happen. Someone forgets to update a spreadsheet. A coworker doesn’t know that customer asked to stop hearing from you. That’s a violation, even if it was accidental.
Employee turnover makes things worse. When someone leaves your business and takes their phone with them, all those text conversations disappear. You lose your records, your consent trail, and your ability to honor previous opt-outs.
A shared texting platform solves most of these issues. It keeps all conversations in one place, tracks consent automatically, and makes sure opt-outs apply across your whole team. You can attach notes about how someone opted in, store templates that include required disclosures, and search old messages if you need proof later.
One more thing that trips people up: it doesn’t matter who actually sends the text. If a contractor, employee, or automated system sends messages on your behalf, you’re still responsible for sms compliance. The law sees you as the sender, even if you didn’t personally type the message. Your tools need to keep everyone who texts for you on the same page about consent and opt-outs.
Common texting mistakes that trigger complaints or fines
One of the most common slip-ups happens when businesses already have someone’s email address or phone number from another context. You run an email list, someone books an appointment, or a customer fills out a form on your website. Then you add them to your texting list without asking. That feels efficient, but consent doesn’t automatically transfer from one channel to another. If someone gave you their email for a newsletter, that doesn’t mean they agreed to receive promotional texts.
Another frequent mistake is texting someone a limited-time offer or discount after they only signed up for appointment reminders. The original consent was narrow, and now you’re sending marketing messages. That shift in purpose can lead to complaints, especially if the person feels ambushed by sales pitches they never asked for.
Sometimes a customer replies “stop” or “please don’t text me anymore,” but they send it to a different thread or a forwarded number. If your system doesn’t catch that opt-out, you keep texting them. That’s a problem even if it’s accidental. You’re responsible for honoring the request, no matter where it lands.
Sending mass texts without identifying your business is another red flag. If someone receives a message and has no idea who sent it, they’re much more likely to report it as spam. The same goes for buying lead lists and assuming consent comes with them. It doesn’t. Consent is tied to the specific interaction where someone agreed to hear from you, not to a spreadsheet that changed hands.
These mistakes share a common thread: they all involve missing or ignoring the basics of consent, clear opt-outs, and message purpose. Small oversights can snowball quickly.
How TCPA texting rules and local regulations show up in real life
If you’re texting customers in the United States, you’ll hear about the TCPA a lot. That stands for the Telephone Consumer Protection Act, a federal law from 1991 that was originally about telemarketing calls but now covers business texts too. Think of it as the main rulebook for business texting laws in the U.S.
The TCPA says you generally need written consent before sending marketing texts, and you have to honor opt-out requests right away. It also sets fines that can add up fast if you break the rules, which is why businesses take it seriously.
But here’s where it gets a little tricky. Individual states can add their own layers on top of the TCPA. California, for example, has extra privacy rules. Florida has specific requirements about how you collect consent. If you’re texting people across multiple states, you need to follow the strictest rules that apply to anyone on your list.
And if you do business internationally, whole new sets of regulations come into play. Canada has CASL, Europe has GDPR, and other countries have their own frameworks. The core idea is usually the same—get clear permission, let people opt out easily—but the details vary.
One more thing to watch: your phone carrier and texting platform often have their own policies that work like regulations. They can block your messages or shut down your account if they think you’re spamming, even if you’re technically following the law. So in practice, you’re juggling official regulations and the rules of whoever delivers your texts.
