Customers read texts. That is exactly why the rules around business texting are strict, and why the fines under the federal law (the TCPA) are counted per message. Here is what a small business needs to know. This is a plain-English overview, not legal advice.
1. Get permission first, in writing
Before you send marketing texts, the person needs to have agreed to get texts from your business. In practice that means a checkbox on your website form or booking page that is not pre-ticked, with wording that says what they will get, that message and data rates may apply, and that they can reply STOP. Agreeing to texts can never be a condition of buying from you.
Replying to someone who texted you first, or a text that answers their question, is different from a marketing blast. When in doubt, ask permission.
2. Never text a cold list
Buying a list of phone numbers and texting offers to it is the fastest way into a lawsuit. Texting works for people who came to you: leads who asked for a quote, customers, and people who called and you missed them.
3. Make stopping easy, and honor it fast
Every first message should say "Reply STOP to opt out". Today, if someone asks you to stop in any reasonable way, by text, email or out loud, you have to stop, and you have 10 business days to do it.
What changed in September 2026: the FCC voted on September 30, 2026 to update the opt-out rules. Once it takes effect (30 days after it is published in the Federal Register, which had not happened in early October):
- A business can name one official way to opt out, such as replying STOP, QUIT, END, REVOKE, OPT OUT, CANCEL or UNSUBSCRIBE, but only if it says so clearly.
- Opting out of one kind of informational text (say, payment reminders) stops only that kind.
- Opting out of a marketing text still stops all marketing from you.
4. Register before you send
Phone carriers block business texts from numbers that are not registered (this is called A2P 10DLC). Your texting provider walks you through it. Carriers check that your legal business name and tax ID match your records exactly, and that your website has a privacy policy, terms, and a form showing how people agree to texts. Mismatches are the most common reason for rejection. Expect a small one-time fee and a small monthly fee.
5. Respect the clock
The federal rule allows marketing between 8 a.m. and 9 p.m. in the customer's time zone, and some states are stricter. A simple safe habit: send marketing only between 9 a.m. and 8 p.m. their time.
6. Two texts that are almost always worth it
- The missed-call text back: when you cannot pick up, the caller gets a text asking what they need. See our guide to missed calls.
- The review request after a finished job, to customers who agreed to texts. See our guide to reviews.