What are the SMS marketing rules regarding consent and ...

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1. A clean send rule “If you cannot produce the required permission record, suppress the number. If the person opted out by any reasonable means, suppress the number. If the message contains a promotion, treat it as marketing even when user behavior triggered it.” Frequently asked questions

   In Compliance

2. STOP is not the only opt-out “A reply such as "do not text me again" can revoke permission even if an automated keyword parser misses it. Route unrecognized replies for prompt review, suppress the number when the intent is clear, and retain the request and processing timestamp.” When to check the Do Not Call list

   In Opt-out processing workflows

3. Phone validation is hygiene, not consent “Phone validation still has value. It can reduce typos, identify impossible numbers, flag landlines, and detect some reassigned-number risk. Use it as list hygiene, not legal permission. A validated number can belong to someone who never opted in. An opted-in number can later be reassigned. Both problems require different controls.” Validation:Checks whether the phone number looks reachable, formatted correctly, and usable for SMS.

   In Phone number validation

4. Phone validation still has value. It can reduce typos, identify impossible numbers, flag landlines, and detect some reassigned-number risk. Use it as list hygiene, not legal permission. A validated number can belong to someone who never opted in. An opted-in number can later be reassigned. Both problems require different controls. “Validation:Checks whether the phone number looks reachable, formatted correctly, and usable for SMS.” Consent:Shows that the current user of that number agreed to receive your marketing texts.

   In Phone number validation

5. The direct answer is this: in the United States, automated promotional texts generally need prior express written consent. Marketing texts to a number on the National Do Not Call Registry also require the consumer's prior express invitation or permission for the specific seller, evidenced by a signed written agreement, unless another exception applies. A registry entry does not erase valid permission, but the sender must be able to prove that permission and show it has not been revoked. “A clean phone lookup can tell you whether a number exists, whether it looks mobile, or whether it has format problems.” Compliance note

   In Phone number validation

6. Message controls:Identify the seller, keep promotions within the consent scope, and schedule by the recipient's local time. “State review:Check state DNC lists, registration rules, contact hours, disclosures, and exemptions before nationwide campaigns.” Texas has treated solicitation texts as telephone solicitations under SB 140 since September 1, 2025. The Texas Secretary of State now says, based on the state's position and an agreement in federal litigation, that a business sending texts with the consumer's prior consent does not need to file the Chapter 302 Telephone Solicitation Registration Statement. That registration position does not remove other federal or Texas duties, so document the consent and have counsel check the current exemptions and campaign details.

   In State telemarketing rules