What counts as consent to text a customer?

Two sets of rules, not one

Business owners often look for "the texting law" and find a tangle. It is easier once you see there are two separate gatekeepers.

• The federal rule. The Federal Communications Commission's regulation at 47 CFR 64.1200 sets out when calls and texts need consent, and what kind.
• The carriers. The phone companies will not carry business texts from a local number until the business registers and describes its messages and its opt-in. That process is called A2P 10DLC, explained in our guide to it.

You have to satisfy both. Your state may add rules of its own, which is one more reason to have a lawyer look at your wording.

What the federal rule says

We read the rule's text itself rather than a summary of it. Four parts matter most to a small business.

• Automated calls to cell phones need consent. Paragraph (a)(1)(iii) covers calls made with an automatic dialing system or a recorded voice to a number assigned to a cellular service. These need the prior express consent of the person called.
• Marketing needs written consent. Paragraph (a)(2) says such calls that are telemarketing need "the prior express written consent of the called party."
• Texts are included. Paragraph (e) applies the rule's do-not-call and calling-hours limits to "telemarketing calls or text messages to wireless telephone numbers," and paragraph (a)(9) says that, for its purposes, "the term 'call' includes a text message."
• Consent can be taken back. Paragraph (a)(10) lets a person revoke consent "by using any reasonable method." That has its own guide: STOP, HELP and opt-outs.

Whether your own texts count as "automated" or "telemarketing" under these paragraphs depends on your equipment and your message. That is exactly the kind of question a lawyer answers; we do not.

What "prior express written consent" means

The rule defines the term in paragraph (f)(9). In its words, it is "an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller" to send the messages. Two things must be disclosed in that agreement:

1. That by signing, the person authorizes the seller to send telemarketing calls or texts using automated equipment.
2. That the person "is not required to sign the agreement (directly or indirectly)" as a condition of buying any property, goods or services.

The second point trips up a lot of forms. If the only way to book a job is to accept marketing texts, the consent is not the kind this definition describes. Keep the texting choice separate from the purchase. On our own setup request form, the texting box is optional and the form sends without it.

What the carriers ask for on top

Even with perfect paperwork, the carriers have to approve your texting first. When a business registers a messaging campaign, it must describe how people opt in. Twilio's registration guide, which we read, shows what reviewers look for:

• Every opt-in method listed. "If multiple opt-in methods can be used for the same campaign, they must all be listed."
• Public links. A website opt-in needs a link to the site plus a privacy policy and terms that anyone can open without logging in.
• A privacy policy that says three things: that mobile numbers are not shared, how often messages are sent, and that message and data rates may apply.
• A first message that confirms the sign-up, naming the brand and saying how to get help and how to opt out.

In other words, the carriers want to see the opt-in a stranger would see. A box buried in a login-only page does not pass. The registration steps and what to have ready are in what is A2P 10DLC.

What a clean opt-in looks like

Put those two sets of rules together and a good opt-in has the same parts every time.

• Its own box, unticked. Separate from "submit" and separate from your terms.
• Your business name. The person agrees to texts from you, not from "partners."
• What you will send and roughly how often. "Replies about your enquiry" is different from "weekly offers."
• "Message and data rates may apply."
• How to stop and how to get help: reply STOP, reply HELP.
• That it is not required to buy.
• Links to your privacy policy and terms.

You can see all of these on a live page: our text message consent page shows the exact box and wording we use, and our privacy policy has the matching section. Keep each message short too; the reason is in why a text is 160 characters.

Keep proof of every yes

If a consent is ever questioned, "they ticked a box" is not much of an answer unless you can show it. For each person, save:

• the exact words they agreed to, and a version label for those words;
• the date and time;
• the page or form where they agreed;
• the phone number they gave.

When you change the wording, give it a new version and keep the old one on file. NewFrontDesk stores these with each request that ticks the box; the wording itself is on the consent page and the program rules are in our terms.

Common mistakes

• Texting a list you bought or borrowed. Those people agreed to nothing from you.
• A box that is already ticked.
• Hiding the consent inside the terms.
• Treating a missed call as permission for marketing. A caller who hung up has not agreed to offers.
• Ignoring a reply of STOP. See STOP, HELP and opt-outs.

If you are unsure about your own form, take it to a lawyer before you send the first text, not after. To see how we set texting up for a business, read about missed-call text-back or call (346) 913-7215.

Sources

• 47 CFR 64.1200: delivery restrictions, paragraphs (a)(1), (a)(2), (a)(10), (e) and (f)(9) (Cornell Legal Information Institute copy)
• Twilio Docs: information to collect for A2P 10DLC registration (opt-in description, privacy policy, opt-in message)
• The Campaign Registry: the carriers' registry for 10DLC messaging
• Telnyx: frequently asked questions about 10DLC

Sources read on October 9, 2026. The regulation is quoted from the Cornell Legal Information Institute's copy, which listed its latest amendment as August 29, 2025. Rules change and states add their own. General information, not legal advice; ask a lawyer about your own forms and messages.