SMS Marketing Rules for Small Businesses: Consent Basics

In the U.S., businesses need prior express written consent before sending marketing texts. The sign-up must clearly say who is texting, what kind of messages, how often, that message and data rates may apply and how to opt out with STOP or get help with HELP. Consent cannot be a condition of purchase. Respect quiet hours and honor opt-outs promptly. Violations of the TCPA can cost $500 to $1,500 per message.

What law governs SMS marketing in the U.S.?

The main federal law is the Telephone Consumer Protection Act, or TCPA, enforced by the FCC, along with carrier rules from the CTIA and state laws, some of which are stricter. Damages under the TCPA can reach $500 per message and up to $1,500 per message for willful violations, according to Klaviyo's SMS compliance guide.

What counts as consent for marketing texts?

You need prior express written consent. In practice, that means the subscriber actively agrees, for example by checking an unchecked box or texting a keyword, after seeing clear disclosures. A phone number collected for order updates or appointment confirmations is not consent for promotions.

What must your SMS sign-up disclose?

• Your business name
• The type of messages, such as marketing or promotional
• Message frequency, such as "up to 4 messages per month"
• "Msg and data rates may apply"
• How to opt out (reply STOP) and get help (reply HELP)
• That consent is not a condition of purchase
• Links to your privacy policy and SMS terms

EZ Texting's regulations guide covers these requirements in more detail. As always, your attorney should supply or review the final language.

Can consent be required to buy something?

No. Consent to receive marketing texts cannot be a condition of purchase. You can offer an incentive for signing up, but customers must be able to buy without opting in.

When can you send marketing texts?

Federal rules prohibit telemarketing calls and texts before 8 a.m. or after 9 p.m. in the recipient's local time, and some states set narrower windows. Many platforms, including Klaviyo, offer quiet-hours settings. A safe practice is to schedule marketing texts during business hours in the recipient's time zone.

What changed with opt-outs in 2026?

New FCC rules on how businesses must handle opt-out requests took effect on September 30, 2026. They address how consumers can revoke consent and how quickly businesses must honor it, as explained by McGuireWoods. Check that your platform recognizes common opt-out words beyond STOP and that your team knows how to process opt-outs received in other ways.

What else should small businesses watch?

• Number registration. Carriers require registration for business texting numbers.
• Consent records. Keep a timestamped record of each opt-in and the language shown.
• Shared consent. Consent given to one brand does not carry over to another brand, even a sister brand.
• Purchased lists. Never text a list you bought or borrowed.
• Content rules. Carriers restrict some categories. Check before you launch.

How do you collect SMS consent the right way?

1. Collect email first, then offer SMS as a separate step
2. Use an unchecked box or a keyword opt-in
3. Show the full disclosure next to the sign-up
4. Send a confirmation text with frequency and STOP and HELP instructions
5. Store the consent record

Event sign-ups work too, with the same disclosures. See experiential marketing ideas.

How does compliance fit into a bigger SMS strategy?

Good compliance and good marketing point in the same direction: send fewer, better texts to people who asked for them. See email vs SMS marketing for when to text, the welcome sequence for onboarding, email and SMS costs for budgets, and the complete email and SMS guide for the full system. We set up email and SMS programs through our email and SMS services, working with your attorney on consent language.

Industry notes: med spa marketing covers patient messaging, which needs extra care, and beauty brand marketing covers replenishment texts. Keep texts in your brand voice with a consistent brand across channels.

Frequently asked questions

Erika Gardner, Founder and Chief Strategist, The Vibe Curator co.

Erika Gardner founded The Vibe Curator co. in 2016. She leads brand strategy, websites, email and SMS, and fractional CMO work for growing brands from offices in Houston and Atlanta.