Text messages are treated the same as phone calls under TCPA. For marketing SMS, you need prior express written consent — even for B2B.
Per text message violation
Source: TCPA
SMS open rate (why compliance matters)
Source: Industry Data
SMS Falls Under TCPA
In 2015, the FCC confirmed that text messages are "calls" under TCPA. All TCPA rules apply to SMS, including consent requirements and ATDS restrictions.
Prior Express Written Consent Required
For marketing texts, you need:
- • Written agreement (electronic counts)
- • Clear disclosure of what they're consenting to
- • Signature (electronic signature acceptable)
- • No broad "partner" clauses (2023 FCC rule)
A2P 10DLC Registration (Required 2025)
- • Brand registration: One-time ~$44 (TCR)
- • Campaign registration: ~$15 one-time + $30/quarter
- • Carrier approval: Required for delivery
- • Unregistered traffic: Blocked or severely throttled
CTIA Guidelines & SHAFT Rules
SHAFT = prohibited content categories:
- • Sex
- • Hate
- • Alcohol
- • Firearms
- • Tobacco/Cannabis
State "Mini-TCPA" Laws
Florida
Max 3 texts per 24 hours. Calling hours 8am-8pm.
Oklahoma
Written consent required for telemarketing.
SMS Compliance Checklist
- A2P 10DLC registration complete
- Prior express written consent documented
- Business identification in every message
- STOP/opt-out instructions included
- Message frequency disclosed at opt-in
- Sending within permitted hours (8 AM - 9 PM)
- State-specific rules followed (Florida 3/day limit)
- Suppression list synced across channels
Legal Disclaimer
This content is provided for educational purposes only and does not constitute legal advice. Regulations vary by jurisdiction and change frequently. We strongly recommend consulting with a qualified attorney or compliance professional regarding your specific situation before implementing any outreach program. Pipeline Engine is designed with compliance in mind, but ultimate responsibility for legal compliance remains with the business.