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How to text your customers without breaking the rules

By Dan Comyns, Co-Founder and CEOUpdated 7 min read

Someone fills in a car insurance quote on your site at 10:40 p.m., gets to the payment step and closes the tab. Your team wants to text them first thing in the morning.

Can you? It depends on what they agreed to on that form. Getting it wrong is expensive, because the TCPA lets people sue over unwanted texts.

Here are the habits that keep US sales texts on the right side of the rules, the sources behind each one, and a checklist to run before you send. This is general information, so check the details with your lawyer.

TL;DR

  • The FCC treats text messages as calls under the TCPA (FCC Enforcement Advisory, November 18, 2016).
  • Get permission to text on your form, in plain words, and keep a record of what the customer agreed to.
  • Honor opt-outs quickly. The FCC rule lists words like STOP, QUIT and UNSUBSCRIBE and sets a limit of 10 business days.
  • Send sales texts between 8 a.m. and 9 p.m. in the customer's time zone, and respect the national do-not-call registry.
  • The FCC published changes to its opt-out rules on October 26, 2026, so check with your lawyer before you launch.
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Do texts count as calls under the TCPA?

Yes. The TCPA (Telephone Consumer Protection Act) is the US federal law on marketing calls, and the FCC applies it to texts too.

In a 2016 enforcement advisory, the FCC wrote that "texts are a subset of 'calls' under the TCPA." So every rule below about calls applies to your texts as well.

The law also gives people a way to act. Under 47 U.S.C. 227(b)(3), a person can sue for $500 per violation, and a court can raise that as high as $1,500 if the violation was willful or knowing.

Do you need permission before you text a customer?

For marketing texts sent with automated systems, the FCC rule requires "prior express written consent" (47 CFR 64.1200). The rule defines that as a written agreement, signed by the person, that names the phone number and clearly allows the seller to send those messages.

Two details trip people up, both in the rule's definition (47 CFR 64.1200(f)(9)). The agreement has to say that signing is not a condition of buying, and an electronic signature counts if federal or state law recognizes it.

In practice, that means a few habits:

  • Ask for permission on the form, with a checkbox and plain words that name your company.
  • Don't treat a half-finished quote or checkout as permission. Ask for it on the form itself.
  • Save what the customer agreed to, when, and on which page.
  • If you buy leads, ask how consent was collected and who it names.

What should your first text say?

Say who you are and how to stop. "Hi Dana, it's Sam from Acme Insurance" reads better than a message from a number they don't know.

End the first text with an opt-out line, like "Reply STOP to opt out." Law firm Faegre Drinker's read of the FCC's October 2026 rule is that naming one word is enough, as long as you honor all of the words the rule lists (Faegre Drinker, October 27, 2026).

Keep the message about the thing they asked for. If they started a car insurance quote, text about that quote.

How fast do you have to honor an opt-out?

The FCC rule (47 CFR 64.1200(a)(10)) lets people revoke consent "by using any reasonable method." A reply with any of these words counts automatically: stop, quit, end, revoke, opt out, cancel or unsubscribe.

You have to honor the request within a reasonable time, and no later than 10 business days after you get it (47 CFR 64.1200(a)(10); Faegre Drinker, October 27, 2026). Faegre Drinker calls real-time processing the best practice.

Here's where teams slip. Someone texts STOP on Monday, but a follow-up was already scheduled for Wednesday in another tool. Make the opt-out reach every system that sends on your behalf, including anything already queued.

The rules are moving. The FCC published changes on October 26, 2026, and they take effect in late November 2026 (Faegre Drinker, October 27, 2026). The new order replaces the "revoke all" requirement with an optional opt-out by message type, so check the current version with your lawyer.

What hours can you send sales texts?

The FCC rule (47 CFR 64.1200(c)(1)) bars telephone solicitations before 8 a.m. or after 9 p.m., in the local time of the person you're contacting.

The tricky case is a customer whose time zone you don't know. Use the area code as your best guess, and pick the narrower window when you're unsure.

State laws can add their own limits, so check each state you text into.

Do you need to check the do-not-call registry?

Yes, for sales texts. The FCC rule (47 CFR 64.1200(c)(2)) bars telephone solicitations to people who registered their number on the national do-not-call registry.

Your own internal do-not-contact list matters too. Anyone who opts out of your texts goes on it, and stays on it until they opt in again.

Do state laws add their own rules?

Some do. Florida's Telephone Solicitation Act, for example, counts "a telephone call, text message, or voicemail transmission" as a telephonic sales call (Florida Statutes 501.059).

Ask your texting provider what they and the mobile carriers require before your first campaign, and check with your lawyer on each state you text into.

How do you test your setup before launch?

Run through this list with your team before the first message goes out:

  1. Pick a customer at random. Can you pull up what they agreed to, when, and where?
  2. Text STOP from a test phone. Does every queued follow-up stop, in every tool?
  3. Add a contact with no time zone. What happens to their first message?
  4. Read the first message out loud. Is it clear who's texting and how to opt out?
  5. Can you review every message and decision afterward, if someone asks?

If any answer is "not sure," fix that before you launch.

Consent stays with you. Sellence messages only the contacts you supply, with their consent status, and never purchased or generated lists.

STOP, QUIT, UNSUBSCRIBE, CANCEL, END and other clear requests are honored on the spot and suppressed across every campaign and channel. Send windows follow the customer's local time, measured by area code, and every opt-out is timestamped and logged. The details are on our security page.

Each brand is still responsible for getting and keeping valid consent, so have your lawyer review your opt-in form before launch.

Reviewed November 8, 2026. This article covers US texting rules only. Other countries need their own review.

Key takeaways

  • Texts count as calls. The FCC applies the TCPA to text messages, and people can sue over unwanted ones.
  • Get written permission on the form. Plain words, a checkbox that names your company, and a saved record of what they agreed to.
  • Make opt-outs instant everywhere. The rule allows up to 10 business days, and a follow-up that was already queued is the easy one to miss.
  • Text during daytime hours and respect do-not-call. 8 a.m. to 9 p.m. in the customer's time zone, plus the national registry and your own list.
  • The rules keep changing. The FCC changed its opt-out rules on October 26, 2026, so check with your lawyer before you launch.

Frequently asked questions

Do text messages fall under the TCPA?

Yes. The FCC treats texts as a subset of calls under the TCPA, so the consent, opt-out, calling-hours and do-not-call rules apply to texts too.

Do I need written consent to send marketing texts?

For marketing texts sent with automated systems, the FCC rule requires prior express written consent: a signed agreement, which can be electronic, that names the phone number and says signing is not a condition of buying. Check your form wording with your lawyer.

How long do I have to honor a STOP request?

The FCC rule says within a reasonable time, no later than 10 business days. Real-time is the safer habit, and it has to stop every queued message, not only the next one.

What time can I send sales texts?

The FCC rule bars telephone solicitations before 8 a.m. or after 9 p.m. in the recipient's local time. State laws can add their own limits, so check each state you text into.

Does an abandoned quote or checkout give me permission to text?

Don't assume it does. Ask for permission to text on the form itself, in plain words, and keep a record. Your lawyer can confirm what your form covers.

Sources

  1. FCC Enforcement Bureau, Enforcement Advisory No. 2016-06 (DA 16-1299), November 18, 2016. https://transition.fcc.gov/eb/Public_Notices/DA-16-1299A1.html
  2. 47 CFR 64.1200, Delivery restrictions (paragraphs (a)(2), (a)(10), (c)(1), (c)(2) and (f)(9)), read November 8, 2026. https://www.law.cornell.edu/cfr/text/47/64.1200
  3. 47 U.S.C. 227(b)(3), private right of action, read November 8, 2026. https://www.law.cornell.edu/uscode/text/47/227
  4. Faegre Drinker, "New FCC rule gives callers more control over TCPA opt-outs, if they act," October 27, 2026. https://www.faegredrinker.com/zh/insights/publications/2026/10/new-fcc-rule-gives-callers-more-control-over-tcpa-opt-outs-if-they-act
  5. Florida Statutes 501.059, Telephone solicitation, read November 8, 2026. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.059.html