US texting laws guide

    Can You Legally Text Your Old Customer List? A Plain Guide to US Texting Laws

    General information, not legal advice. This guide explains the general rules in plain language so you know what questions to ask. Amplified Marketing is not a law firm, reading this guide does not create a lawyer-client relationship, and nothing here guarantees that any campaign complies with the law. Texting laws change, they differ by state, and the details of your list matter. Consult a licensed lawyer who knows the TCPA and your state's rules before you text anyone. Every rule below links to the official source so you or your lawyer can check it. Rules are current as of the draft date above.

    Last updated: October 30, 2026

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    Can you legally text your old customer list?

    Can you legally text your old customer list? Sometimes yes, sometimes no. The answer depends on three things: what permission each person gave you, how the texts get sent, and where the person lives.

    Most local service owners have a list of past customers sitting in a spreadsheet or an old system. Very few of those people ever checked a box that said "you can text me offers." So the question is real.

    The reason why this matters is simple. The federal law, the Telephone Consumer Protection Act (TCPA), lets people sue over unwanted calls and texts. The statute sets damages at $500 per violation, and a court can raise that up to 3 times if the violation was willful or knowing (47 U.S.C. 227(b)(3)). Each text can be a separate violation, so that adds up fast across a whole list. These are the amounts in the statute as of the draft date, and lawmakers can change them.

    Here is the short version:

    • The FCC treats texts as "calls" under its TCPA rules (FCC 23-107). Courts don't all agree on every part of that (see Rule 2).
    • Marketing texts sent with an autodialer need prior express written consent (47 CFR 64.1200(a)(2)).
    • Numbers on the National Do Not Call Registry are off limits for sales texts unless you have a recent business relationship or signed permission (47 CFR 64.1200(c)(2)).
    • Federal quiet hours are 8 a.m. to 9 p.m. in the customer's time zone. Some states are stricter.
    • Every opt-out has to be honored.
    • States like Florida, Oklahoma, Maryland, Texas and Washington have their own rules on top of federal law.

    Let's go through each one.

    Rule 1: Consent depends on how you send

    The TCPA has two separate sets of rules. One is about the equipment you use. The other is about the Do Not Call Registry. People mix them up all the time.

    Under the equipment rules, a marketing text sent to a cell phone using an autodialer, or a call using an artificial or prerecorded voice, needs prior express written consent (47 CFR 64.1200(a)(2)).

    The FCC defines prior express written consent as a written agreement, signed by the person, that (47 CFR 64.1200(f)(9)):

    • Clearly authorizes your business to send them ads or telemarketing using an autodialer or an artificial or prerecorded voice
    • Includes the phone number they want you to use
    • Clearly tells them they don't have to agree in order to buy anything

    An electronic or digital signature can count if it's recognized as valid under federal law or state contract law (47 CFR 64.1200(f)(9)(ii)).

    What that means is a signed work order that says "we may contact you about your job" is probably not enough for marketing texts sent with an autodialer. The rule requires a clear and conspicuous disclosure that the person is agreeing to marketing calls or texts from your business using an autodialer or prerecorded voice, and that they don't need to agree to buy (47 CFR 64.1200(f)(9)(i)). Language about service updates, or consent buried in fine print, may not meet that standard. Have your lawyer review your actual forms.

    What counts as an autodialer?

    The FCC rule defines an autodialer as equipment that can store or produce numbers using a random or sequential number generator and dial them (47 CFR 64.1200(f)(2)). The US Supreme Court read the definition narrowly in Facebook v. Duguid (2021).

    So some texting systems may not count as autodialers under federal law. But don't build your plan on that. Lawsuits over what counts as an autodialer keep coming, and since 2025, courts don't have to follow the FCC's reading of the TCPA. They give it weight but decide for themselves (McLaughlin Chiropractic Associates v. McKesson Corp. (2025)). State laws like Florida's, Oklahoma's and Maryland's also cover automated systems without requiring a random or sequential number generator (more below).

    For example, if a voice message to your list uses an AI-generated voice, the FCC treats that as an "artificial" voice. That puts it in the consent rules for prerecorded calls (FCC Declaratory Ruling, FCC 24-17, February 8, 2024). This is still the FCC's position as of the draft date. Under the 2025 Supreme Court decision above, courts consider it but are not bound by it.

    The most cautious way to plan: treat marketing texts to your list as needing prior express written consent unless your lawyer tells you otherwise.

    Rule 2: The National Do Not Call Registry

    The second set of rules is about the National Do Not Call Registry. These apply no matter what equipment you use, even a text typed by hand.

    You can't send a sales text to a number on the registry (47 CFR 64.1200(c)(2)). The FCC confirmed in December 2023 that these protections cover text messages, not only voice calls (FCC 23-107). The rules also apply to texts sent to cell numbers (47 CFR 64.1200(e)).

    Courts don't all agree, though. In July 2026, the federal appeals court for Illinois, Indiana and Wisconsin held that texts are not "telephone calls" for the registry lawsuit right in the TCPA (Steidinger v. Blackstone Medical Services, No. 25-2398 (7th Cir. July 14, 2026)). Other courts have gone the other way, the FCC's rule still stands, and many state laws cover texts directly. So plan as if the registry rules apply to your texts.

    There are two main exceptions that matter for past customers.

    1. An established business relationship. The FCC rule says you have one if the person (47 CFR 64.1200(f)(5)):

    • Bought from you or did a transaction with you in the last 18 months, or
    • Asked about your services or applied for something in the last 3 months

    If they asked you to stop contacting them, the relationship ends for this purpose. The FTC's Telemarketing Sales Rule uses the same windows, written as 540 days and 90 days (16 CFR 310.2(q)).

    2. Signed written permission. A signed written agreement that includes the number you can contact (47 CFR 64.1200(c)(2)(ii)).

    Here's the part most people miss. The business relationship exception gets you past the Do Not Call Registry. It does not replace prior express written consent under Rule 1. The two rules sit in different parts of the regulation, and the business relationship exception appears only in the registry rule (47 CFR 64.1200(a)(2) and (c)(2)). If you send with an autodialer, you may still need written consent even for a customer from last month.

    How to check the registry

    Businesses that sell by phone or text get access to the registry through the FTC's telemarketer site. To use the federal safe harbor, you have to check your list against a version of the registry pulled no more than 31 days before you send, and meet the other safe harbor steps, like written procedures and staff training (47 CFR 64.1200(c)(2)(i)).

    Do you have to pay for access? Under the FTC's rule, a seller generally has to pay for the area codes it calls before calling. There's no need to pay if you only contact people you have an established business relationship with or signed permission from, and you don't use the registry for anything else (16 CFR 310.8(a)). The first five area codes are free, and there's no charge for a business that is permitted, but not required, to access the registry under the FCC's rules (16 CFR 310.8(c)). Fees are adjusted over time. The FTC rule covers campaigns with more than one interstate call (16 CFR 310.2), so ask your lawyer which rule applies to you. Either way, if you plan to text anyone outside those exceptions, you need to check them against the registry first.

    People on the registry can sue if they get more than one call or text in 12 months that breaks the rules (47 U.S.C. 227(c)(5)). The statute allows up to $500 per violation, and up to 3 times that if willful or knowing.

    Rule 3: Your own do not contact list and opt-outs

    Separate from the national registry, you need your own internal do not call list. The FCC requires a written policy, staff training, and a record of every person who asks you to stop (47 CFR 64.1200(d)). Requests must be honored within 10 business days and kept for 5 years. Each message also has to identify your business and give a way to reach you.

    Today, people can revoke consent in any reasonable way. Replies like "stop," "quit," "end," "revoke," "opt out," "cancel," and "unsubscribe" all count (47 CFR 64.1200(a)(10)). You can send one confirmation text after an opt-out, as long as it doesn't market anything. A confirmation sent within 5 minutes is presumed fine (47 CFR 64.1200(a)(12)).

    New rule taking effect November 25, 2026. The FCC adopted changes on September 30, 2026 (FCC 26-67, 91 FR 67214, Federal Register, October 26, 2026). As we read them:

    • A business may choose to name one exclusive way to opt out. The options are an automated opt-out on a call, replying to a text with a standard opt-out word, or a specific website or phone number. It has to be clearly and conspicuously explained in the call or text.
    • If you choose reply-by-text, the message can name just one word, like "Reply STOP," but you still have to honor all seven standard words: stop, quit, end, revoke, opt out, cancel and unsubscribe.
    • If you name an exclusive method, you don't have to process opt-outs sent other ways. If you don't name one, you still have to honor any reasonable way a person tells you to stop.
    • If someone opts out after a marketing call or text, that stops all future marketing calls and texts from your business, not only that one campaign. An opt-out from informational messages, like appointment reminders, can be limited to that type of message.
    • The 10 business day deadline stays.

    This replaces an earlier version of the "revoke all" part of the FCC's 2024 opt-out rule. The FCC had delayed that part to April 11, 2026 (DA 25-312) and then to January 31, 2027 (DA 26-12). The FCC is also asking for comment on further changes, so these rules may change again.

    For example, if a customer replies "please don't text me again," treat it as an opt-out. Before November 25, 2026, it counts as a reasonable way to revoke. After that date, it still counts unless you've named and clearly explained an exclusive opt-out method, and even then the internal do not call rules may still require you to honor it for marketing (47 CFR 64.1200(d)(3)). The simple approach: stop texting them and add them to your internal list.

    Rule 4: Quiet hours

    Federal rules say no sales calls or texts before 8 a.m. or after 9 p.m., in the customer's local time (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)).

    Florida, Oklahoma and Maryland are stricter: 8 a.m. to 8 p.m., and no more than 3 sales calls or texts to the same person in 24 hours (more below).

    What that means is the most cautious approach is to use the strictest window that applies to the customer. If your list covers more than one state or time zone, plan around the customer's location, not yours.

    Rule 5: State "mini-TCPA" laws

    Several states have passed their own texting laws. The states below get a lot of attention, but this is not a complete list. Other states have their own telemarketing and texting rules, so check every state where your customers live.

    Florida

    The Florida Telephone Solicitation Act, Fla. Stat. 501.059:

    • Counts text messages as "telephonic sales calls."
    • Requires prior express written consent for sales calls or texts made with "an automated system for the selection and dialing of telephone numbers" or a recorded message. That wording doesn't require a random or sequential number generator like the federal definition does.
    • Says a signature can include checking a box or replying yes to a text.
    • Says a call to someone with a "prior or existing business relationship" is not "unsolicited" (501.059(1)). The statute doesn't define that phrase or put a time limit on it, so how far back it reaches is not settled. Don't assume a customer from many years ago qualifies.
    • Lets people sue for actual damages or $500 per violation, up to triple if willful or knowing (501.059(10)). Before suing over texts, the person has to reply STOP, and the business gets 15 days to stop.

    Florida's telemarketing law also sets hours of 8 a.m. to 8 p.m. and a limit of 3 calls in 24 hours on the same subject (Fla. Stat. 501.616(6)). The Florida Telemarketing Act exempts many businesses, but the exemptions say they don't excuse anyone from these hour and call limits (Fla. Stat. 501.604). The law covers "commercial telephone solicitation," which it defines as an unsolicited call (Fla. Stat. 501.603). Whether that reaches texts to your own past customers is not settled, so the cautious approach is to follow these limits anyway.

    Oklahoma

    The Oklahoma Telephone Solicitation Act of 2022, 15 O.S. 775C.1 and following:

    • Requires prior express written consent for sales calls made with "an automated system for the selection or dialing of telephone numbers" or a recorded message (775C.3). Its consent definition mentions text messages (775C.2).
    • Limits calls to 8 a.m. to 8 p.m. and no more than 3 in 24 hours on the same subject (775C.4).
    • Lists exemptions from the whole act, including calls about maintenance or repair of something the customer bought from you, and calls to someone with an existing business relationship or a previous purchase from the same business (775C.5). Because these exemptions cover the whole act, a text to a true past customer may fall outside it. The wording is narrow, so check the facts with your lawyer.
    • Lets people sue for actual damages or $500 per violation, up to triple if willful or knowing (775C.6).

    Maryland

    The Maryland Stop the Spam Calls Act, Md. Code, Com. Law 14-4501 to 14-4503:

    • Requires prior express written consent for sales calls made with an automated system for the selection or dialing of numbers, or a recorded message. Its consent definition mentions text messages.
    • Has a few narrow exceptions to the consent rule, such as calls about maintenance or repair of something the customer bought.
    • Bars sales calls before 8 a.m. and after 8 p.m., and more than 3 calls to the same person in 24 hours. These limits apply even when a consent exception applies.
    • Lets people sue for actual damages or up to $500 per violation, up to triple if willful or knowing (14-4503).

    Texas

    The Texas telephone solicitation law, Tex. Bus. & Com. Code ch. 302, was updated effective September 1, 2025 to count text messages as telephone solicitations:

    • Sellers generally have to register with the Texas Secretary of State and post a security, unless an exemption applies. Exemptions include soliciting current or former customers if the business has operated under the same name for at least 2 years, and calls about maintenance or repair of something the customer bought (302.058).
    • The Secretary of State says a business that sends texts with the consumer's prior consent does not have to file the registration (Texas SOS FAQ).
    • Violations can bring a civil penalty of up to $5,000 per violation, plus private lawsuits under the Texas consumer protection law (302.302 and 302.303).

    Washington

    Washington bans commercial texts to Washington residents' cell phones unless the person "clearly and affirmatively consented in advance" (RCW 19.190.060; RCW 19.190.070). There is no past-customer exception in that law. Damages are $100 per message or actual damages, whichever is greater, after a 2026 amendment (RCW 19.190.040), and a violation also counts under the state consumer protection law.

    Penalty and damages amounts in this section are the statutory figures as of the draft date. They can change.

    The one-to-one consent rule: where it stands

    You may have heard about the FCC's "one-to-one consent" rule. Here's what happened:

    So it never took effect. What that means for you: the rule mostly hit businesses buying leads from comparison websites. Your own past customers were never the target. Consent still has to authorize your business to contact them, though.

    What to do with your list this week

    Here's a plain plan. Do it with your lawyer, not instead of one.

    Step 1: Pull your data. For each contact, get the last purchase date, the last inquiry date, any written consent you have and where it came from, and any past opt-outs.

    Step 2: Remove anyone who opted out. Add them to your internal do not contact list. Don't message them.

    Step 3: Check the national registry. Pull a fresh copy (31 days old or newer) and flag every number on it.

    Step 4: Sort into groups.

    • Group A: Signed written consent to marketing texts. These are your strongest contacts.
    • Group B: Bought in the last 18 months, or asked about your services in the last 3 months. The registry exception may cover them, but only for the registry. If you send with an autodialer, you may still need written consent (Rule 1), and some states, like Washington, have no past-customer exception for marketing texts. Check how you send and where each customer lives before you text this group.
    • Group C: Everyone else. Don't text these people a sales message. Reach them another way first, like email or mail, and invite them to opt in to texts.

    Step 5: Check the state. Apply Florida, Oklahoma, Maryland, Texas, Washington or other state rules based on where each customer lives.

    Step 6: Write a clean first message. Name your business, say why you're reaching out, and say how to stop.

    For example:

    Hi Maria, it's Dave from Northside Heating. We serviced your furnace last fall. Want us to hold a tune-up spot before it gets cold? Reply STOP to opt out.

    Step 7: Send inside quiet hours and honor every opt-out right away.

    One more thing. When a past customer replies with a question about your services, that can count as an inquiry, which starts a new 3-month window for the registry exception (47 CFR 64.1200(f)(5)). It is not prior express written consent, so it doesn't cover autodialed marketing texts. Keep a record of the date and what they asked.

    How this fits into your growth plan

    Texting past customers is one piece of a bigger plan. At Amplified Marketing, our Growth Partnership runs paid ads and SEO to bring new leads in, with a dedicated SDR who follows up with every lead and books the ones who are ready. Reactivating past customers is one feature inside that.

    The reason why we do it this way is so you aren't relying on one old list. New leads come in through ads and search, and the forms can ask for clear texting consent from day one. That way your list gets cleaner over time.

    Before any reactivation campaign, we go through your list and consent records with you and confirm the scope in writing. We are not your lawyers, and your lawyer should sign off on the plan.

    Want to see how it works? Book a call.

    Related guides

    FAQ

    Is database reactivation illegal under the TCPA?

    No, not by itself. Texting past customers can be legal if you have the right consent, check the Do Not Call Registry, follow quiet hours, honor opt-outs, and follow your state's rules. It becomes a problem when you text people who never agreed, or who are on the registry with no exception that applies. A lawyer can tell you how the rules apply to your list.

    Do I need written consent to text my past customers?

    For marketing texts sent with an autodialer, the FCC requires prior express written consent (47 CFR 64.1200(a)(2)). Some states, like Florida, Oklahoma and Maryland, use broader wording for automated systems, and Washington requires clear, advance consent for any commercial text (RCW 19.190.070). Because of that, many lawyers advise getting written consent before sending any marketing text.

    Does buying from me count as consent?

    A purchase in the last 18 months creates an established business relationship. That gets you past the Do Not Call Registry (47 CFR 64.1200(f)(5)). It is not the same as prior express written consent for autodialed marketing texts.

    Can I text someone who is on the Do Not Call Registry?

    Only if an exception applies, like a purchase in the last 18 months, an inquiry in the last 3 months, or signed written permission that includes their number. And only if they haven't asked you to stop.

    What hours can I send marketing texts?

    Federally, 8 a.m. to 9 p.m. in the customer's local time. In Florida, Oklahoma and Maryland, 8 a.m. to 8 p.m. Use the strictest rule that applies.

    Is the one-to-one consent rule in effect?

    No. A federal appeals court struck it down, and the FCC removed it effective August 29, 2025 (DA 25-621). It never took effect.

    What has to be in every marketing text?

    Your business name, a way to reach you, and a clear way to opt out, like replying STOP. Starting November 25, 2026, if you choose to name one exclusive opt-out method, it has to be clearly and conspicuously explained in the message. If that method is replying by text, you can name one word, like STOP, but you have to honor all seven standard opt-out words (FCC 26-67).

    What about emailing past customers?

    Email has its own federal law, CAN-SPAM, which the FTC enforces. It has different rules for identification and unsubscribe, including honoring opt-outs within 10 business days (FTC CAN-SPAM Act compliance guide).

    What questions do you have? Book a call and we'll walk through it.

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