Topic guide

SMS Compliance for Sales Teams

The rules for business text messaging in one place: TCPA consent, opt-out handling, quiet hours and state laws, explained for sales teams that text.

Texting is the most direct channel a sales team has, and the most regulated. Three layers of rules apply to every marketing text sent in the US:

  • Federal law. The Telephone Consumer Protection Act (TCPA) and the FCC's rules under it govern consent, opt-outs and the hours you can send. Violations carry statutory damages per message, which is why texting is one of the most litigated areas of marketing law.
  • State laws. Several states have their own telemarketing statutes with tighter calling windows, contact limits and consent requirements.
  • Carrier rules. Carriers set their own standards for business messaging, enforced through registration and filtering rather than lawsuits.

A compliant texting program comes down to five habits: get clear written consent before the first marketing text, identify your business in the message, honor opt-outs immediately by any reasonable means, send only inside quiet hours, and keep records of all of it.

The guides below cover each of those in plain English. None of them is legal advice; have counsel review your program before you send.

SMS Compliance guides

Common questions

Is it legal to text customers for marketing?
Yes, with consent. Under the TCPA, most marketing texts require the recipient's prior express written consent, and you must honor opt-outs and respect quiet hours. Texting people who never agreed to hear from you is where the legal risk lives.
What is the TCPA?
The Telephone Consumer Protection Act is the 1991 federal law that restricts telemarketing calls and, as courts and the FCC have applied it, text messages. It sets consent requirements and gives consumers the right to sue for violations.
What are the penalties for violating SMS marketing rules?
The TCPA allows statutory damages of $500 per violation, up to $1,500 for willful violations, and each message can count separately. Class actions multiply that across every recipient. State laws add their own penalties.