SMS Marketing Laws Explained: What You Need to Send Promotional Texts
Updated April 14, 2026
SMS marketing has become one of the most effective tools for businesses to reach customers. But it’s also one of the most heavily regulated. If you’re sending promotional text messages in the United States, you are likely subject to the Telephone Consumer Protection Act (TCPA)—and noncompliance can result in significant liability.
This article breaks down what businesses need to know before launching an SMS marketing campaign.
The Legal Framework: The TCPA
The Telephone Consumer Protection Act (47 U.S.C. § 227) governs how businesses can communicate with consumers via phone calls, text messages and automated systems. Under the TCPA, text messages are treated as “calls”, which means they are subject to the same restrictions.
Before sending promotional SMS messages, businesses must obtain prior express written consent from the recipient. This is the most critical requirement under the TCPA.
What Counts as “Written Consent”?
Consent must:
be in writing (including electronic forms)
clearly authorize receiving marketing texts
include the recipient’s phone number
not be a condition of purchasing goods or services
Valid consent may be obtained through:
website sign-up forms
SMS opt-in keywords (e.g., “Text JOIN”)
digital checkboxes with clear disclosures
Businesses must inform users that they will receive marketing messages, that message frequency may vary, and that message/data rates may apply. Lack of proper disclosure can invalidate consent.
Opt-Out Mechanism (Mandatory)
Additionally, every SMS campaign must provide an easy way for users to opt out. This typically includes, replying “STOP”, or automated unsubscribe systems. Once a user opts out, you must immediately stop sending messages.
Each message should clearly identify the business or brand and the purpose of the message. Failure to identify the sender can create compliance issues and increase risk.
Liability Under the TCPA
The TCPA is not just a regulatory framework—it is a litigation-heavy statute. Violations can result in $500 per message (standard damages), and up to $1,500 per message (for willful violations). This creates significant exposure, especially in class actions and mass messaging campaigns.
Common mistakes businesses make include:
Sending texts without proper written consent
Using pre-checked boxes for opt-in
Failing to maintain records
Not honoring opt-outs promptly
Using third-party lists without verifying consent
Beyond the TCPA, businesses should also consider state consumer protection laws, FCC regulations and carrier rules (e.g., CTIA guidelines)
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*This article is provided for informational purposes only, and does not constitute legal advice, counsel or representation.
