Text messages get read. That’s why businesses love them, and why text marketing rules are some of the strictest in marketing. The rules have shifted repeatedly in the last two years: a major FCC rule was struck down days before it took effect, the Supreme Court changed how courts read FCC guidance, and new opt-out requirements arrived.

If you heard that the strict new texting rules were thrown out and assumed you’re in the clear, think again. One rule went away. The Telephone Consumer Protection Act (TCPA) did not, and lawsuits under it can cost $500 to $1,500 per message. Here’s where things stand now, and how to build a texting program that’s both effective and safe.

What changed

The one-to-one consent rule is gone. In 2023 the FCC adopted a rule requiring consumers to consent to each company individually, which would have ended the practice of one web form collecting consent on behalf of many sellers. On January 27, 2025, days before it was due to take effect, the U.S. Court of Appeals for the Eleventh Circuit vacated it, finding the FCC had gone beyond what the TCPA allows.

Courts now read the TCPA for themselves. In June 2025, in McLaughlin Chiropractic v. McKesson, the Supreme Court held that federal district courts aren’t bound by the FCC’s interpretations of the statute. That cuts both ways: some FCC guidance businesses relied on may not hold up in court, and some protections may be read more broadly. The practical result is more uncertainty, which argues for conservative compliance.

Opt-out rules got stricter. Since April 2025, consumers can revoke consent by any reasonable means, including replying with words like “stop,” “quit” or “unsubscribe,” and businesses must honor the request within 10 business days. A broader “revoke all” requirement has been delayed to January 2027, and the FCC was considering revisions to it as of fall 2026.

What still applies

The core of text marketing compliance is unchanged:

  • Prior express written consent. Automated marketing texts require the recipient’s clear, written agreement, such as a checked box or a reply to a keyword, with a disclosure that they’ll receive marketing messages and that consent isn’t a condition of purchase. You need a record of when and how each person agreed.
  • Easy opt-outs, honored quickly. Every message should explain how to stop. Treat any reasonable request as an opt-out, process it within 10 business days (sooner is better), and send no more than a brief confirmation afterward.
  • Do Not Call. The National Do Not Call Registry applies to texts. Numbers on it need your documented consent before you send marketing messages.
  • Quiet hours. Federal rules limit telemarketing to 8 a.m. to 9 p.m. in the recipient’s local time.
  • State laws. Several states go further. Florida and Oklahoma, for example, narrow the window to 8 a.m. to 8 p.m., limit how many messages you can send on one subject in a day, and let consumers sue directly. Others require registration before you text their residents.
  • Carrier rules. Wireless carriers enforce their own standards. Business texts sent from ordinary 10-digit numbers must be registered through the industry’s 10DLC system, and carriers filter or block traffic that isn’t. A message can be legal and still never arrive.

The safest approach for a business that texts customers in many states is to build for the strictest rules: documented consent everywhere, the narrowest common sending window, and conservative message frequency.

Wait, then how do political texts get away with it?

If your phone lights up every evening with campaigns asking for $5 before midnight, you’re not imagining the double standard. Political texts play by different rules:

  • They’re exempt from Do Not Call. The registry covers telemarketing. The FTC lists political and charitable calls among those still allowed, as long as there’s no sales pitch.
  • Most aren’t legally “autodialed.” In 2021, the Supreme Court’s Facebook v. Duguid decision narrowed what counts as an autodialer. Political campaigns typically use “peer-to-peer” platforms where a person clicks send on each message, which keeps many of them outside the TCPA’s consent requirement.
  • Political speech gets the strongest First Amendment protection, so lawmakers have been reluctant to restrict it.

The takeaway for business owners: none of those exceptions apply to you. A text that sells something is marketing, and the rules above apply in full.

And for the consumer in all of us, a few ways to cut the noise:

  • Reply STOP. Legitimate senders must honor it, though it only removes you from that one list.
  • Forward spam to 7726 (S-P-A-M). The major carriers use those reports to block senders.
  • Turn on filtering. iPhones can filter unknown senders, and Android’s messaging app has spam protection; carriers offer free blocking tools too.
  • Guard your number. When you donate or sign a petition, uncheck the boxes that allow texts or list sharing, since one donation can land you on dozens of lists.

Building a compliant texting program

Compliance is mostly a systems problem. The businesses that get sued usually didn’t decide to break the rules; their tools didn’t keep track. Build these into your lead-to-sale automation from the start:

  1. Capture consent properly. Use clear sign-up language, an unchecked box or a keyword reply, and a confirmation text. Don’t bury consent in terms of service.
  2. Record everything. Store the date, time, source, exact wording shown and the phone number for every opt-in, in your CRM or texting platform, where you can produce it quickly if challenged.
  3. Make opt-outs automatic. Configure your platform to recognize common stop words and free-text requests, suppress the number across every list and system, and log the request.
  4. Scrub before you send. Check lists against the Do Not Call Registry and your own suppression list before each campaign.
  5. Respect time zones. Schedule by the recipient’s local time, using the strictest window that applies.
  6. Register with the carriers. Complete 10DLC brand and campaign registration, or use a toll-free or short code number set up properly.
  7. Watch your vendors. If you buy leads or use an agency, get proof of how consent was collected. You’re responsible for the messages sent on your behalf.
  8. Review it yearly with counsel, since federal rules, state laws, and carrier policies keep changing.

The bottom line

The headline that the FCC’s texting rules were thrown out is true, but incomplete. The one-to-one consent rule is gone; the TCPA, state laws, opt-out requirements, and carrier rules are all still here, and lawsuits can add up fast. Get clear consent, keep good records, honor opt-outs quickly, and let your systems do the remembering. Text marketing works best when customers have asked for it anyway.

If you’d like help setting up a texting program or automating consent and opt-outs in your CRM, Market Tactics can help.

This article is general information, not legal advice. Texting rules vary by state and change frequently; check with counsel before launching a campaign.

Sources