Legal documents and gavel representing SMS marketing compliance and regulations
Back to Insights

SMS Marketing Laws USA 2026: Compliance Guide for Businesses

Stay compliant with TCPA, 10DLC, and state-specific SMS regulations in 2026.

SMS MarketingNov 8, 202510 min readSebastian StokkendalSebastian Stokkendal
In This Article▼

SMS marketing is heavily regulated in the United States. Understanding and following these laws isn't optional - violations can result in fines of $500 to $1,500 per message. Here's your complete compliance guide for 2026.

TCPA (Telephone Consumer Protection Act)

The TCPA is the primary federal law governing SMS marketing. Key requirements:

  • Express written consent is required before sending marketing texts
  • Consent must be clear, unambiguous, and documented
  • Pre-checked boxes do NOT constitute valid consent
  • Consent cannot be a condition of purchase
  • Web form with clear disclosure and checkbox
  • Text-to-join keyword with automatic confirmation
  • Paper form with signature
  • Verbal consent (recorded)
An SMS consent block headed "SMS Consent (Optional)" with an unchecked checkbox and disclosure text covering message frequency, data rates, STOP and HELP keywords, and links to the privacy policy and terms
Unchecked by default, and marked optional so consent never becomes a condition of purchase. The disclosure names the sender, the frequency, the rates, and both keywords.

10DLC Requirements

10DLC (10-Digit Long Code) is now required for business SMS in the US. This involves:

Brand Registration

  • Register your business with The Campaign Registry
  • Provide business details (EIN, address, website)
  • Receive a trust score based on verification

Campaign Registration

  • Register each SMS use case separately
  • Describe message content and frequency
  • Provide sample messages
  • Show opt-in/opt-out flows

Required Message Elements

Every SMS campaign must include:

  • Business identification: Who is sending the message
  • Opt-out instructions: "Reply STOP to unsubscribe"
  • Help instructions: "Reply HELP for help" (recommended)
A marketing text from Miller's Coffee with four callout labels pointing at the brand name, the offer, the short link and the "Reply STOP to opt out" line
Brand identification and the STOP line are the parts the rules actually demand. The offer and the link are simply what makes the message worth sending.

Quiet Hours

While not federally mandated, best practice is to only send messages between:

  • 8:00 AM and 9:00 PM recipient local time
  • Some states have stricter requirements

State-Specific Laws

Several states have additional SMS marketing regulations:

California (CCPA)

  • Consumers can request to know what data you have
  • Right to deletion of personal information
  • Right to opt-out of data sales

Florida

  • Written consent required
  • 24-hour opt-out processing requirement

Penalties for Non-Compliance

  • $500 per unsolicited message
  • $1,500 per willful violation
  • Class action lawsuits are common
  • Carrier blocking and filtering

Best Practices for Compliance

  1. Always get explicit opt-in before texting
  2. Keep records of all consent
  3. Honor opt-outs immediately
  4. Include business name and opt-out in every message
  5. Register for 10DLC before sending
  6. Use a compliant platform like Messaro

Messaro handles 10DLC registration and compliance automatically, so you can focus on your campaigns without worrying about legal requirements.

Ready to level up your SMS & email marketing?

Send smarter campaigns, automate follow-ups, and convert more customers - all from one platform.

Sign Up for Free

Related Articles