SMS compliance for business text messaging: A refreshingly brief overview of the essentials and best practices

“Compliance” is an intimidating term, for sure. You want to know you’re doing it right (but you don’t want to spend forever learning about it). We got you.

Texting is so powerful, it’s protected. There are many organizations and laws that govern business texting, like:

  • The Federal Communications Commission (FCC)
  • The Federal Trade Commision (FTC)
  • The FCC’s Telephone Consumer Protection Act (TCPA)
  • The Cellular Telecommunications Industry Act (CTIA)
  • The Campaign Registry (TCR)
  • The Short Code Registry
  • The Telemarketing Sales Rule (TSR)
  • The FCC’s Truth-In-Advertising Laws
  • Copyright laws
  • Canada’s Anti-Spam Legislation (CASL)
  • Mobile carriers like the one that powers your cell phone
  • Messaging providers like SimpleTexting
  • The local states where you text
  • Senders like you

These regulations protect consumers from spam texts (among many other things). And that protection means texting as a business is a highly effective way to reach your audiences.

With all these rules, though, it can be tough to know — with confidence — if you’re doing it right.

Business texting compliance starts as simple as:

  1. Getting text subscriber consent to receive your message (before you text them).
  2. Texting the right amounts of appropriate content at the right times from your verified business number.
  3. Helping subscribers receive support and opt out if they no longer want to receive more text messages from your business.

Now, I totally get that this ^^^ sounds easy. But when I started at SimpleTexting and was learning everything I could about texting compliance, I had questions like:

  1. What does consent actually mean? And how do I get it?
  2. What are the right amounts of texts?
  3. What should I know so I don’t accidentally send prohibited content?
  4. When should I text?
  5. What’s a registered business number? And how do I get one?
  6. How do people actually opt out? How can I help them do that?

So if you’re a newbie to text messaging for your organization (like I was), I’m hoping you’ll dig this handy guide to understand texting compliance.

My goal here is to:

  1. Keep it simple: Compliance may sound intimidating (it was to me). I want to help you know you’re doing it right (but I know you don’t want to spend forever learning this stuff).
  2. Make it actionable: You don’t just want information about compliance. I’ll give you some best practices and advice to give you the confidence you can do this yourself.

For this first page, I’ll simply give you an overview of business texting compliance (like a TL;DR SMS compliance checklist) and a simple example of how to start a compliant texting program. The subsequent pages go into more detail on implementation.

Let’s go!


⚠️ This advice is for informational purposes only and is neither intended as nor should be substituted for consultation with appropriate legal counsel and/or your organization’s regulatory compliance team.


9 essentials of business texting compliance:

  1. Register or verify your business texting number
  2. Get your contacts’ opt-in consent before you text them
  3. Set texting program expectations for your subscribers
  4. Make it simple to get help
  5. Make it simple to opt out
  6. Text during the appropriate times
  7. Text appropriate amounts
  8. Don’t text prohibited content
  9. Research local texting regulations

1. Register or verify your business texting number

Your organization can text from a local ten-digit long code (e.g. 123-456-7890), toll-free number (e.g. 800-123-4567), or dedicated short code (e.g. 123456).

All of these numbers require registration to ensure your messages are delivered through the wireless carriers to your contacts as effectively as possible.

💡 As a best practice, we recommend you text from the number you use to conduct business currently or select a new business number from which you’ll text and accept phone calls. This should be your state-registered phone number, if applicable.

Note: SimpleTexting guides you through the number registration process after you start your trial. For you, registering your number is as simple as filling out a form — we’ll follow up with questions and submit the information on your behalf to The Campaign Registry or Short Code Registry.

There are three types of business texts:

  1. Promotional (marketing)
  2. Informational (product or service updates)
  3. Conversational (two-way communication)

Depending on the types of texts you send, there are different types of consent.

That said, if you collect express written consent from the very beginning, you may send any of these three types of business text messages — all 100% compliant (as long as you also follow the other rules).

Compliant opt-in call to action example to get express written consent:


Brand Name: By texting KEYWORD to 123-456-7890, you agree to receive promotional messages sent via an autodialer. You also agree to the term of service (website.com/terms) and privacy policy (website.com/privacy). This agreement isn’t a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out; HELP for more information.


A social media ad reads, "Text us to get rewards" and includes a disclaimer to get express written consent.
This call to action template includes a compliant disclaimer. Get customizable Canva templates for texting here.

3. Confirm subscription expectations

After a contact subscribes to receive texts from your organization, send a consent confirmation text message as soon as reasonably possible.

Compliant consent confirmation message example:

Brand Name: Msg & data rates may apply. Msg frequency varies. Reply STOP to opt out; HELP for more info.

Note: SimpleTexting is the only online texting service that automatically sends compliance messages for you at no cost (so you don’t need to do this yourself — we got you).

💡 As a best practice, we recommend also texting a welcome message that includes program-specific expectations immediately following your consent confirmation message. This should include some context as to what kinds of content the subscriber can expect to receive from your texting program.

Best practice welcome message example:

Welcome to texts about products, offers, and/or your relationship with Brand Name. To start, save 20% off any 1 item when you show this text at checkout.

4. Make it simple to get customer care

Your opt-in calls to action and confirmation messages should include instructions to receive customer care and how to opt out of future messages:


Reply STOP to opt out; HELP for more information.


You must reply when someone asks for help with the business, program, or product name and provide further information on how to receive customer care.

Compliant customer care response message example:

Brand Name: Need help? Call 123-456-7890. Msg & data rates may apply. Msg frequency varies. Reply STOP to opt out.

Note: SimpleTexting automatically sends a customer care response message like this for you when someone texts “help” to your number (so you don’t need to do this yourself — we got you).

💡 As a best practice, we recommend monitoring your Inbox regularly to reply to inquiries as needed.

5. Make it simple to unsubscribe

You must send a message to confirm opt outs and then send no further messages.

Compliant unsubscribe request response message example:

You are now opted out from Brand Name and will receive no further recurring messages.

Note: SimpleTexting automatically sends an opt out confirmation message like this for you when someone texts “stop” to your number (so you don’t need to do this yourself — we got you). That said, we recommend monitoring your Inbox regularly to reply to inquiries as needed. To stay compliant, you must make a reasonable effort to monitor for various wording of unsubscribe requests like “please opt me out” or misspellings like “tsop”.

You don’t need to include “Reply STOP to opt out” in every program message you send. However, you must include opt out instructions at least once per month in one of your texts for promotional and informational messages.

💡 As a best practice, we recommend that you include opt out language in every promotional text you send. This way, you won’t risk “forgetting” to include opt out instructions in a given month.

6. Text at appropriate hours

In the United States, you may text from 8 a.m.-9 p.m.

There are some local exceptions, though. For example, states like Oklahoma and Florida only allow texts between 8 a.m.-8 p.m. in those respective time zones.

💡 As a best practice, we recommend texting between 11 a.m. and 8 p.m. Eastern Time, such that you can ensure you will send within 8 a.m. and 5 p.m. Pacific Time (i.e., this hourly range encompasses the time zones for the continental United States).

7. Text appropriate amounts

Many states have different rules for how many times you may send promotional texts per day, ranging from one every eight hours in Maine to no more than three per day total in Florida.

That said, most consumers (53%) want businesses to text them once every other week. Another 36% of consumers want businesses to text them once per week.

💡 As a best practice, we recommend not overdoing it with your promotional text messages. Err on the side of fewer, more impactful sends following consumer trends: Text promotions once a week or once every other week.

Note: You may reply as many reasonable times as necessary if a contact texts you unsolicited.

8. Avoid texting disallowed content

Inappropriate content includes sex, hate, alcohol, firearms, tobacco, spam, misleading messages, depictions of violence, profanity, cannabis, and endorsement of illegal drugs (among others).

Including content related to any of these topics in your call to action to join your text list or any of your text messages is one of the highest violations and may result in your business being banned from sending any further messages.

That said, there are a few exceptions to this rule. For example, you may send messages about happy hour specials. In instances like these, you must have an age gate preventing people under the age of 21 from signing up for your texts.

Note: If you plan on sending texts about alcohol or tobacco, check with SimpleTexting’s support team first so we can help ensure that you’re remaining compliant.

9. Research local regulations, too

Some states like Oklahoma and Florida limit texts to no more than three per 24-hour period.

Other states like Minnesota allow texts from 9 a.m.-9 p.m. And some states like Alabama don’t allow solicitation telecommunication messages on Sundays.

At the end of the day, it is up to you to research and stay up-to-date with your local regulations and abide by them to send compliant text messages from your business.

An example of how compliant business texting starts

To help you visualize how you could start texting for your business, I’ll walk you through your first:

  • Text-to-subscribe keyword advertisement
  • Compliance confirmation message
  • Welcome text
  • Double opt in text
  • Campaign

Step 1: Compliant advertisement

Your texting program begins by building a compliant text message contact list.

In this example, we use a text-to-join keyword with a compliance notice to get express written permission:

A poster example reads, "Join our text club" and includes a disclaimer to get express written consent.

Step 2: Compliance confirmation message

After someone joins your text list, you’ll send a consent compliance message as soon as reasonably possible.

In the instance of a text-to-join keyword, this compliance message will send automatically after joining the list:

Brand Name: Msg & data rates may apply. Msg frequency varies. Reply STOP to opt out; HELP for more info.

Step 3: Welcome text (optional)

You don’t need to send a welcome message to be compliant. But it is a best practice to remind subscribers of what they’ve subscribed to receive from your business (and feel free to provide instant value like a coupon):

Welcome to texts about products, offers, and/or your relationship with Brand Name. To start, save 20% off any 1 item when you show this text at checkout.

Step 4: Double opt in (optional)

Promotional business texting requires express written consent. You can enable a subscription confirmation text in addition to your compliance and welcome texts to confirm opt in (thus further verifying express written consent):

Reply Y or Yes to confirm that you want to receive SMS messages from Brand Name.

If a legal situation ever occurs, it is your responsibility to prove a contact provided consent before you texted them. Double opt-in further validates express written consent.

Step 5: Campaign

Now you’re ready to send promotional campaign texts.

Every outgoing promotional text message must include your brand name in it somewhere. A best practice is to begin your texts with your brand name followed by a colon, then the remainder of your message.

You must include opt out instructions at least once per month in your promotional texts. As a best practice, we recommend including opt out info in all promotional texts.

Brand Name: Winter is here, Alfredo! Get running shoes for snowy sidewalks now. Save 20% off all footwear until 12/25 w/ promo code SNOW20. Reply STOP to opt out.

Key takeaways

  • Add compliance notice disclaimers with your calls to action to join your text list.
  • Send opt out instructions in at least one promotional text each month.
  • Avoid sending too many texts in a 24-hour period, and send your messages mid-day.
  • Don’t annoy, be aggressive, or send inappropriate content.
  • Listen and act when people want help or to opt out.

⚠️ This advice is for informational purposes only and is neither intended as nor should be substituted for consultation with appropriate legal counsel and/or your organization’s regulatory compliance team.


By Nathan Ellering, published January 22, 2024