Imagine this: A car dealership in Illinois, JK Buick GMC, sent marketing texts to customers who had opted out. The result? A $130,000 settlement for violating SMS compliance laws.
Or take Outcome Health, which faced a $2.9 million lawsuit for sending unauthorized marketing texts without consent.
If you’re a business owner considering SMS marketing, you’re probably wondering: “Can I legally send mass text messages? What if I text the wrong person?” The good news? SMS marketing is legal—if you follow strict compliance rules.
Failing to comply can lead to huge fines, lawsuits, and even having your messages blocked by carriers. This guide breaks down text messaging laws by state, texting laws for business, and the rules for SMS marketing, plus how TCR (The Campaign Registry) and 10DLC (10-Digit Long Code) affect your ability to send SMS legally.
Can You Send SMS Without Consent?
Short answer: ❌ No, businesses cannot send marketing SMS messages without consent.
Under the Telephone Consumer Protection Act (TCPA), businesses must obtain written consent before sending promotional texts. Customers typically opt in by:
✅ Checking a consent box during checkout or sign-up.
✅ Texting a keyword (e.g., "JOIN" to 12345) to subscribe.
✅ Filling out a form online or in-store confirming they want messages.
What happens if you ignore this rule?
- Fines of $500–$1,500 per unsolicited text
- Potential class-action lawsuits
- Blacklisting from mobile carriers (meaning your texts will stop going through)
Are There Exceptions?
Yes! Transactional messages (order confirmations, appointment reminders, security alerts) do not require consent since they provide necessary information rather than promotions.
What Are the Rules for SMS Marketing?
To keep your business texting legal, follow these 5 key SMS compliance laws:
✅ 1. Get Consent Before Sending Marketing SMS
- Cold texting (unsolicited promotional SMS) is illegal under TCPA.
- Customers must opt in before receiving marketing messages.
✅ 2. Offer an Easy Opt-Out Option
- Every SMS must include a clear way for users to unsubscribe, such as:
- “Reply STOP to opt out.”
- “Text UNSUBSCRIBE to stop receiving messages.”
- Businesses must honor opt-outs immediately.
✅ 3. Register Your Business With The Campaign Registry (TCR) & 10DLC
Just like you need a business license to operate legally, you need TCR registration to send business SMS legally.
What is TCR (The Campaign Registry)?
- TCR is the official registry for business SMS messaging in the U.S.
- It verifies that businesses sending SMS are legitimate and not engaging in spam.
- If you don’t register, mobile carriers will block your texts.
Check out our TCR guidelines:
How to Get Your SMS Campaign Application Approved by TCR
TCR Application Template for SMS Campaign Approval
How Much Will It Cost for the Registration
What is 10DLC (10-Digit Long Code)?
- 10DLC is the approved business texting system for local phone numbers.
- It allows businesses to send SMS from a local 10-digit number while being carrier-approved.
- Without 10DLC registration, your texts will likely be filtered or blocked.
✅ 4. Be Transparent About Message Frequency
- Clearly state how often customers will receive texts when they opt in.
- Example: “Sign up for weekly deals. Expect 4–6 texts per month.”
✅ 5. No Misleading or Deceptive Content
- Messages must be truthful and clear.
False urgency or misleading promotions can lead to legal action.
Text Messaging Laws by State: Are There Additional Rules?
While TCPA sets federal rules, some states have stricter text messaging laws for businesses:
📌 If your business operates nationwide, you must comply with both federal and state-specific texting laws.
What Happens If You Don’t Follow SMS Compliance Laws?
Ignoring SMS regulations can cripple your business. Here’s what could happen:
🚨 A. You Could Be Fined or Sued
- TCPA penalties: $500–$1,500 per illegal text.
- Multi-million dollar lawsuits: Companies like Outcome Health ($2.9M settlement) and JK Buick GMC ($130K settlement) were sued for sending unauthorized messages.
🚨 B. Your Messages Could Be Blocked by Carriers
- Mobile carriers (AT&T, Verizon, T-Mobile) block unregistered business SMS.
- Once blacklisted, it’s nearly impossible to regain SMS access.
🚨 C. Your Business Reputation Could Suffer
- Unwanted texts = annoyed customers.
- High opt-out rates = lower SMS marketing effectiveness.
How Textr Team Helps Businesses Stay SMS-Compliant
Navigating SMS compliance laws and TCR/10DLC registration can be overwhelming, but Textr Team makes it simple:
✔️ TCR & 10DLC Registration Assistance – Get properly registered to avoid carrier blocks.
✔️ Pre-Approved SMS Campaigns – Textr Team ensures your messages meet compliance standards before sending.
✔️ Real-Time Monitoring – Track SMS deliverability and avoid being flagged as spam.
✔️ Automated Opt-In & Opt-Out Management – Effortlessly set up legal SMS workflows.
⏳ Don’t risk fines or message blocking— Sign up for Textr Team so your texts always reach customers.
To get help on SMS-Compliant, please contact our Support Team at team.support@textrapp.com.
Conclusion: How to Send Mass Texts the Right Way
📌 Final takeaways:
- Can you send SMS without consent? ❌ No—businesses must obtain opt-in approval first.
- What are the rules for SMS marketing? ✅ Follow TCPA, TCR registration, and carrier guidelines.
- Text messaging laws by state may impose stricter local rules, especially in California and Florida.
- Personal text message privacy laws differ from business texting laws—businesses have stricter compliance requirements.
- TCR and 10DLC are mandatory to avoid SMS blocking.
🚀 Textr Team helps businesses register, manage, and optimize SMS marketing while staying compliant with TCPA, 10DLC, and carrier regulations.
🔹 CTA:Start your SMS marketing campaign the right way with Textr Team—before it’s too late!
About the Writer
A generalist in product and business development. Always looking into more areas to specialize in. Follow for more tips in growth and technical tips.