Customers love a quick text about their appointment. Unwanted marketing texts are another matter, and federal law treats them seriously.
Quick summary
- Marketing texts sent with automated systems generally need the customer’s prior express written consent under the TCPA.
- Honor opt-out replies like STOP promptly; FCC rules set a maximum of 10 business days.
- Keep marketing texts to between 8 a.m. and 9 p.m. in the customer’s time zone.
- Business texting from a regular 10-digit number generally requires registration through your provider.
Texting is the fastest way to reach most customers. It’s also covered by the Telephone Consumer Protection Act (TCPA), which allows large damages for unwanted marketing messages. Here’s how to text customers the right way.
Know which kind of text you’re sending
| Type | Examples | What you need |
|---|---|---|
| Conversational | Replying to a customer who texted you | The customer started the conversation |
| Informational | Appointment reminders, order updates | Permission to text them for that purpose |
| Marketing | Sales, promotions, new products | Prior express written consent for automated marketing texts |
When in doubt, treat a message as marketing.
Getting consent
Ask clearly, in writing, and keep a record:
Want text reminders and occasional offers from Green Leaf Lawn Care? Reply YES. Up to 4 msgs/month. Msg & data rates may apply. Reply STOP to opt out.
Never make agreeing to marketing texts a condition of buying from you.
Opt-outs
Every marketing text should say how to stop messages. When someone replies STOP, QUIT, UNSUBSCRIBE or something similar, treat it as a request to stop. FCC rules require businesses to honor opt-outs promptly, within 10 business days at most. Most texting platforms handle common keywords automatically.
Careful
Don’t keep texting someone after they opt out, even with “one last offer.” That’s exactly the kind of message the TCPA penalizes.
Timing and frequency
- Send marketing texts only between 8 a.m. and 9 p.m. in the customer’s local time.
- Tell people how often you’ll text, and stick to it.
- Keep messages short, and include your business name.
Register your number
Business texting from an ordinary 10-digit number, often called 10DLC, generally has to be registered with The Campaign Registry through your texting provider, describing your business and how you’ll use texts. Unregistered business traffic can be filtered or blocked by carriers.
Use texts well
Texts work best for things customers want: confirmations, reminders, “we’re on our way” messages and replies to their questions. Use them as part of your follow-up routine, and protect the phone numbers you collect like any other personal information, as explained in protecting customer data.
Owners often ask
Do appointment reminders need the same consent as marketing?
Informational messages related to a transaction, such as appointment reminders, are treated differently from marketing, but you still need the customer’s permission to text them, usually given when they share their number for that purpose.
Can I text a number from a business card someone gave me?
Handing over a card isn’t consent to marketing texts. Ask first, and keep a record of the answer.
Are there state rules too?
Yes. Several states have their own telemarketing and texting laws, some stricter than federal rules. Check the rules where your customers live.
This guide is general information for U.S. small businesses, not legal advice. Rules on texting, privacy and consumer protection vary by state and change over time; check with your state attorney general’s office or a lawyer for your situation.