Requirements for Sending Text Marketing Messages

SMS / Text Marketing Compliance Overview

Marketing texts are not treated like bulk email. A business must have clear permission before sending promotional SMS or MMS messages, must identify itself, must provide opt-out instructions, and must use a registered sender path such as A2P 10DLC for U.S. application-to-person messaging.

Important: This page is a business-readiness guide, not legal advice. SMS marketing rules can involve the TCPA, FCC rules, FTC/state consumer-protection rules, CTIA/carrier policies, platform policies, and industry-specific rules such as insurance, finance, healthcare, or political messaging requirements. Campaigns should be reviewed before launch.

Bottom Line

Required

Prior Consent

Recipients must knowingly agree to receive marketing texts from the business before messages are sent. A purchased list, scraped list, public database, MC# list, or customer directory is not enough by itself.

Required

Opt-Out Handling

Messages must make it easy to stop future texts, and opt-out requests must be honored promptly. Common keywords include STOP, END, CANCEL, UNSUBSCRIBE, and QUIT.

Required

A2P Registration

U.S. business texting from software, CRM systems, web forms, automations, or bulk platforms generally requires brand and campaign registration before sending.

Pre-Send Requirements

Documented opt-in: Keep proof of how each recipient opted in, including the form, checkbox language, timestamp, source page, IP address or equivalent audit detail, and the phone number submitted.
Clear disclosure: The opt-in must explain that the person is agreeing to receive text messages from the named business, the purpose of the texts, message frequency, potential message/data rates, and how to opt out.
No forced consent: Consent to receive marketing texts should not be required as a condition of purchasing goods or services unless legally reviewed and appropriate for the specific use case.
Correct sender identity: The first message and ongoing campaign must clearly identify the business or brand sending the message.
Valid opt-out process: STOP and similar revocation requests must be processed and suppressed from future marketing sends.
Help path: Include a HELP response or support contact so recipients can reach the sender.
A2P 10DLC approval: Register the business, campaign type, sample messages, opt-in method, and opt-out/help handling with the messaging provider/carrier ecosystem.
Privacy policy and terms: The opt-in page should link to a privacy policy and terms or SMS terms that describe how phone numbers are used.

Acceptable vs. High-Risk Lead Sources

Source	Risk Level	Use for Marketing Texts?
Website form with unchecked SMS consent box and required disclosure	Lower Risk	Generally acceptable if proof of consent is retained.
Customer personally texts a keyword such as YES or QUOTE to the business number after seeing clear opt-in instructions	Lower Risk	Generally acceptable if the advertisement or page showing the keyword instructions is retained.
Existing customer list with no SMS marketing consent record	High Risk	Do not use for promotional texts unless prior SMS marketing consent can be proven.
Purchased lead list, scraped list, public MC# list, DOT/FMCSA list, directory, or association roster	Very High Risk	Do not use for cold SMS marketing. Public availability is not consent.
Email-only opt-in list	High Risk	Email consent does not automatically authorize text marketing.

Required Opt-In Language Example

Use clear, affirmative, brand-specific consent language near the phone number field. The checkbox should not be pre-checked.

☐ I agree to receive marketing text messages from [Business Name] at the phone number provided. Message frequency varies. Message and data rates may apply. Reply STOP to opt out and HELP for help. Consent is not a condition of purchase. View our Privacy Policy and Terms.

Example First Marketing Text

Keep messages short, identify the sender, avoid misleading claims, and include opt-out language.

[Business Name]: Thanks for requesting insurance quote information. We work with A-rated carriers in your state. Reply YES to continue, STOP to opt out, or call [phone number]. Msg/data rates may apply.

What Not To Send

Cold marketing texts to numbers pulled from a public list, MC# list, directory, website, lead database, or purchased file.
Messages that imply the recipient already opted in when there is no proof.
Texts that hide or omit the sender’s business name.
Messages with no STOP/unsubscribe path.
Content that does not match the registered campaign use case.
Deceptive urgency, misleading claims, bait-and-switch offers, or unverified compliance claims.

Operational Checklist Before Launch

Business Setup

Legal business name, EIN, website, support contact, and physical address are available.
Privacy policy and SMS terms are published.
Brand registration is submitted and approved.
Campaign registration matches the actual message purpose.

Campaign Controls

Opt-in proof is retained for each recipient.
Suppression list blocks opted-out numbers.
STOP, START, and HELP responses are configured.
Send hours, frequency limits, and complaint monitoring are defined.

Recommended Recordkeeping

Keep records long enough to defend the campaign if a carrier, platform, regulator, or consumer challenges the message. At minimum, retain:

Consent source and exact opt-in disclosure shown to the recipient.
Timestamp, phone number, form/page source, and submitted data.
Campaign registration details and approved sample messages.
Every message sent, including date/time, content, and sender number.
Opt-out requests and suppression-list activity.
Complaint, bounce, and delivery-failure logs.

Client Decision Guide

Question	Required Answer Before Sending
Did each person specifically agree to receive marketing texts?	Yes, with proof.
Can we show the exact disclosure they saw?	Yes, with screenshot, form copy, or stored version history.
Can they opt out immediately?	Yes, STOP and other reasonable opt-out requests are honored.
Is the campaign registered and approved?	Yes, through the SMS provider/A2P 10DLC process.
Is the list from a public or purchased source?	No. Public or purchased lists should not be used for cold SMS marketing.

Practical Recommendation

For marketing campaigns, build an opt-in landing page first. Drive prospects to that page using compliant channels such as email, website traffic, ads, QR codes, print material, or direct outreach that does not involve cold SMS. Once a person opts in through the page or by texting a keyword after seeing compliant instructions, then marketing texts can be sent through the approved SMS campaign.