B2B marketing texts need a review of TCPA, state law and carrier policies. Use documented opt-in for marketing campaigns; registration alone does not authorize texting a purchased list.
Per text message violation
Source: TCPA
SMS Falls Under TCPA
In 2015, the FCC confirmed that text messages are "calls" under TCPA. The applicable restrictions depend on the technology, purpose and recipient; do not assume a business contact is exempt.
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)
- • Consent language that accurately identifies the seller and authorized messages; do not rely on a generic partner list
A2P 10DLC Registration
For application-to-person traffic using US local ten-digit numbers, complete the provider's brand and campaign registration process. Fees vary by provider and registration type. Twilio's A2P documentation describes its requirements.
Carrier registration, recipient consent and legal compliance are separate checks. Keep opt-in evidence and a working suppression process.
Carrier and Provider Content Rules
Messaging providers and carriers maintain acceptable-use and restricted-content policies. Review the policies for your sending service, including prohibited content, age restrictions, opt-in disclosures and opt-out keywords. The acronym SHAFT is not a complete or uniform legal rule.
State Rules
Review destination-state text-message law separately. Florida section 501.059 includes texts in its solicitation definitions; scope, consent and exclusions matter. Do not apply a call-frequency limit as a blanket allowance to send texts.
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)
- Destination-state requirements reviewed
- Suppression list synced across channels
Official sources reviewed September 26, 2026: FCC consent and text rules; Twilio A2P 10DLC documentation; Florida solicitation definitions.
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. Outbound Engine is designed with compliance in mind, but ultimate responsibility for legal compliance remains with the business.