Can I text them? Texting consent rules for 5 small-business trades
Not legal advice. We build and test automations; we aren't lawyers. This is a plain-English summary of primary sources, each opened and checked on Oct 28, 2026. Rules change, and state laws, bar rules and license rules add to the federal ones. Have a lawyer or compliance adviser review your texting before you turn it on.
For each trade, one table: what you can usually send without separate consent, what needs prior express consent or prior express written consent, and what should never go in a text. Every row links the primary source we checked and shows when we last reviewed it.
How we grouped the trades. HVAC, plumbing and roofing share one table because no trade-specific texting rule applies to them. Real estate, law, dental and accounting each get their own because a second set of rules (license advertising rules, bar rules, HIPAA, the FTC Safeguards Rule) sits on top of the federal texting rules.
How to read the categories. “Lower risk without separate consent” means lower risk, not risk-free. “Needs prior express consent” usually means the person gave you their number for that purpose. “Needs prior express written consent” means a signed (e-signatures count) agreement that meets 47 CFR 64.1200(f)(9).
Rules for every trade
| Rule | What the source says | Source | Last reviewed |
|---|---|---|---|
| Texts count as calls under the TCPA. | The FCC has ruled that text messages are “calls” under the TCPA, so the calling rules below apply to texts. The rule text itself refers to “calls or text messages” in several places, for example the opt-out rule in 64.1200(a)(10). | FCC 15-72 (2015 Omnibus Ruling); 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
| Automated texts to a cell phone need prior express consent. | 64.1200(a)(1)(iii) bars calls to wireless numbers using an autodialer or an artificial or prerecorded voice unless made for emergency purposes or “with the prior express consent of the called party.” Whether your software counts as an autodialer under the definition in (f)(2) is a question for counsel; most businesses plan as if it does. | 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
| Marketing texts need prior express written consent. | 64.1200(a)(2) requires prior express written consent for automated calls that include an advertisement or constitute telemarketing. (f)(9) defines it: a signed written agreement (e-signatures count) naming the number, with a disclosure that consent isn’t a condition of purchase. | 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
| Sales texts: 8 a.m. to 9 p.m. and the Do Not Call list. | 64.1200(c)(1) bars telephone solicitations before 8 a.m. or after 9 p.m., recipient’s local time. (c)(2) bars them to numbers on the National Do Not Call Registry. Under (f)(15), a message sent with the person’s prior express invitation or permission, or within an established business relationship, isn’t a “telephone solicitation”. (f)(5) sets that relationship at 18 months after a purchase or 3 months after an inquiry. | 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
| Opt-outs: honor STOP and similar replies within 10 business days. | Under 64.1200(a)(10), replies such as “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel” or “unsubscribe” revoke consent, other wording that a reasonable person would read as a revocation counts too, and revocations must be honored within ten business days. (a)(12) allows one confirmation text with no marketing in it. An FCC order effective Nov 25, 2026 lets senders designate an exclusive opt-out method, such as reply STOP, if each text discloses it. | 47 CFR 64.1200; FCC order, 91 FR 67214 (Oct 26, 2026) | Last reviewed: Oct 28, 2026 |
| Carriers expect consent by message type, and 10DLC registration. | CTIA’s principles sort texts into conversational, informational and promotional, and expect written agreement before promotional texts. Twilio’s docs say anyone sending SMS over a 10-digit long code from an application to the US must register for A2P 10DLC. These are industry rules, not law, but carriers enforce them by blocking traffic. | CTIA Messaging Principles (May 2023); Twilio: A2P 10DLC brand registration | Last reviewed: Oct 28, 2026 |
1. Home services: HVAC, plumbing and roofing
Grouped because no trade-specific texting rule applies to them; the TCPA, state telemarketing laws and carrier rules are the whole picture, and their customers are mostly homeowners on cell phones. Related: Is missed-call text-back legal?.
| Category | Message | Rule | Source | Last reviewed |
|---|---|---|---|---|
| Lower risk without separate consent | A one-time reply to a customer who texted you first, containing only what they asked for (for example, your hours or a booking link). | The FCC found that “a one-time text message sent immediately after a consumer’s request for the text does not violate the TCPA.” CTIA calls a quick single reply to a consumer-initiated text conversational, with no additional permission expected. | FCC 15-72 (2015 Omnibus Ruling); CTIA Messaging Principles (May 2023) | Last reviewed: Oct 28, 2026 |
| Lower risk without separate consent | A text back to someone whose call you missed, about that call only. | Gray area. The FCC ruling above involved a consumer who texted; a missed call isn’t an explicit request for a text. Keep it to one message about their call, with no offer in it. | FCC 15-72 (2015 Omnibus Ruling); CTIA Messaging Principles (May 2023) | Last reviewed: Oct 28, 2026 |
| Needs prior express consent | Appointment confirmations, “tech on the way,” job updates and invoice reminders to a customer who gave you their cell number for that job. | Automated texts to wireless numbers need prior express consent (64.1200(a)(1)(iii)). CTIA files reminders and alerts as informational and expects the customer to agree to texts for that purpose when they give you the number. | 47 CFR 64.1200; CTIA Messaging Principles (May 2023) | Last reviewed: Oct 28, 2026 |
| Needs prior express written consent | Seasonal tune-up offers, discounts, maintenance-plan pitches, or a coupon added to a reminder. | Telemarketing by autodialer needs prior express written consent (64.1200(a)(2), (f)(9)). CTIA notes a coupon code in an informational text “may place the message in the promotional category.” | 47 CFR 64.1200; CTIA Messaging Principles (May 2023) | Last reviewed: Oct 28, 2026 |
| Never in a text | Any further text after a STOP (beyond one confirmation), or promotional content inside that confirmation. | 64.1200(a)(10) and (a)(12). | 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
| Never in a text | Sales texts before 8 a.m. or after 9 p.m. recipient time, or to numbers on the Do Not Call Registry without permission or an established business relationship. | 64.1200(c)(1), (c)(2), (f)(5), (f)(15). Some states set their own hours and limits; check yours. | 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
2. Real estate agents and brokers
Separate because agents text cold or semi-cold leads more than any other trade here, and state license rules treat many texts as advertisements. Related: Can realtors text leads? A TCPA checklist; Open house follow-up texts: consent.
| Category | Message | Rule | Source | Last reviewed |
|---|---|---|---|---|
| Lower risk without separate consent | A one-time reply to a buyer or seller who texted your number first, with only what they asked for. | FCC 15-72 on-demand texts; CTIA conversational messaging. | FCC 15-72 (2015 Omnibus Ruling); CTIA Messaging Principles (May 2023) | Last reviewed: Oct 28, 2026 |
| Needs prior express consent | Showing confirmations and transaction updates (inspection, appraisal, closing dates) to clients who gave you their cell number for the deal. | Prior express consent for automated texts to wireless numbers (64.1200(a)(1)(iii)); CTIA informational messaging. | 47 CFR 64.1200; CTIA Messaging Principles (May 2023) | Last reviewed: Oct 28, 2026 |
| Needs prior express written consent | Automated listing alerts, “thinking of selling?” drips, open-house follow-ups that pitch your services, and texts to purchased or portal leads. | 64.1200(a)(2) and (f)(9). The consent must authorize the seller (you or your brokerage). The FCC’s 2023 “one-to-one” consent rule for lead generators was vacated in court and removed from the rules effective Aug 29, 2025. | 47 CFR 64.1200; FCC rule, Aug 29, 2025 (one-to-one consent rule removed) | Last reviewed: Oct 28, 2026 |
| Needs prior express written consent | Florida: automated sales texts. | Fla. Stat. 501.059(8)(a) requires prior express written consent for unsolicited automated sales calls and texts, and its definition counts checking a box or replying yes to texts as a signature (501.059(1)(h)). Before suing over texts, a recipient must first reply STOP and the sender has 15 days to stop (501.059(10)(c)). | Fla. Stat. 501.059 | Last reviewed: Oct 28, 2026 |
| Never in a text | Texas: a text ad without the license holder’s name and the broker’s name (or a direct link to a page that shows them). | 22 TAC 535.155(a) and (c); text messages are listed as advertisements in (b)(1). Under (b)(1), communications to your current clients aren’t advertisements. | 22 Tex. Admin. Code 535.155 | Last reviewed: Oct 28, 2026 |
| Never in a text | Cold sales texts to numbers on the Do Not Call Registry without written permission or an established business relationship; anything after a STOP. | 64.1200(c)(2), (f)(5), (f)(15), (a)(10). | 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
3. Law firms
Separate because lawyers carry two extra layers on top of the TCPA: confidentiality and state solicitation and advertising rules, which differ by state. Related: Can lawyers text clients? An automation checklist.
| Category | Message | Rule | Source | Last reviewed |
|---|---|---|---|---|
| Lower risk without separate consent | Replying to a prospective client who asked for information. | Under ABA Model Rule 7.3, comment [1], a communication “in response to a request for information” isn’t a solicitation. TCPA consent still applies if the reply is automated; a single reply to their own text fits FCC 15-72. | ABA Model Rule 7.3, comments [1]-[2]; FCC 15-72 (2015 Omnibus Ruling) | Last reviewed: Oct 28, 2026 |
| Needs prior express consent | Appointment reminders, document requests and “your matter has an update, please log in” texts to clients who gave you their cell number. | 64.1200(a)(1)(iii) prior express consent; CTIA informational messaging. Keep the content generic (see the last rows). | 47 CFR 64.1200; CTIA Messaging Principles (May 2023) | Last reviewed: Oct 28, 2026 |
| Needs prior express written consent | Automated marketing texts (newsletters, new practice areas, event invites) to anyone. | 64.1200(a)(2), (f)(9). Florida: a text ad must start with the word “Advertisement” and include an opt-out (Rule 4-7.18(b)(2)(B), per the Bar’s checklist). | 47 CFR 64.1200; Florida Bar checklist: email, text and targeted social media ads | Last reviewed: Oct 28, 2026 |
| Never in a text | Pennsylvania: soliciting a specific person who needs legal help by text for pecuniary gain, unless they’re a lawyer or have a family, close personal or prior professional relationship with you. | Pa. RPC 7.3(b) and comment (2), which says live person-to-person contact “includes text messages.” The ABA Model Rule comment [2] says the opposite, so this varies by state. | Pa. Rule of Prof. Conduct 7.3 and comment (2); ABA Model Rule 7.3, comments [1]-[2] | Last reviewed: Oct 28, 2026 |
| Never in a text | Soliciting someone who has told you they don’t want to be solicited, or any solicitation involving coercion, duress or harassment. | ABA Model Rule 7.3(c). | ABA Model Rule 7.3 | Last reviewed: Oct 28, 2026 |
| Never in a text | Privileged or confidential details of a matter (strategy, settlement figures, case facts) unless the client has given informed consent to texting them. | ABA Model Rule 1.6(a) bars revealing information relating to the representation without informed consent, and 1.6(c) requires reasonable efforts to prevent inadvertent or unauthorized disclosure. Check your state’s version of the rule and any ethics opinions on texting. | ABA Model Rule 1.6 | Last reviewed: Oct 28, 2026 |
4. Dental offices
Separate because HIPAA governs what a text may say and the TCPA has a healthcare-specific exemption with its own conditions. Related: Is texting patients HIPAA compliant?.
| Category | Message | Rule | Source | Last reviewed |
|---|---|---|---|---|
| Lower risk without separate consent | Appointment reminders, under HIPAA (no signed authorization needed). | HHS: appointment reminders “are considered part of treatment of an individual and, therefore, can be made without an authorization.” That answers HIPAA only; the TCPA still applies. | HHS FAQ 286 (appointment reminders) | Last reviewed: Oct 28, 2026 |
| Lower risk without separate consent | Under the TCPA, texts within the healthcare exemption: confirmations and reminders, wellness checkups, pre-op instructions, lab results, prescription notices and similar. | 64.1200(a)(9)(iv): only to the number the patient provided; name and contact details of the provider; no telemarketing and no billing or other financial content; 160 characters or less; at most one a day and three a week; reply STOP opt-out, honored immediately. The exemption applies only if the text isn’t charged to the patient or counted against their plan limits. | 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
| Needs prior express consent | Recall, reminder and follow-up texts that fall outside those limits, sent to the number the patient gave you. | 64.1200(a)(1)(iii). Under (a)(2), a “health care” message from a HIPAA covered entity doesn’t need written consent, but still needs prior express consent. Many offices collect text consent on the intake form anyway. | 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
| Needs prior express written consent | Promotions (whitening specials, new services paid for by a third party), and anything HIPAA counts as marketing. | TCPA 64.1200(a)(2). HIPAA defines marketing in 164.501 and requires an authorization to use PHI for it (164.508(a)(3)). | 47 CFR 64.1200; 45 CFR 164.501 (marketing); 45 CFR 164.508(a)(3) (marketing authorization) | Last reviewed: Oct 28, 2026 |
| Never in a text | Procedure names, diagnoses, balances or other PHI beyond what the message needs; billing content in an exempt healthcare text. | Minimum necessary (164.502(b)); reasonable safeguards (164.530(c)). HHS says unencrypted electronic messages are allowed with precautions such as “limiting the amount or type of information disclosed.” 64.1200(a)(9)(iv)(D) bars financial content in exempt texts. | 45 CFR 164.502(b) (minimum necessary); 45 CFR 164.530(c) (safeguards); HHS FAQ 570 (electronic messages to patients); 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
| Never in a text | Texts to a patient who asked to be contacted another way. | Providers “must accommodate reasonable requests” for alternative means of communication (164.522(b)). | 45 CFR 164.522(b) (confidential communications); HHS FAQ 570 (electronic messages to patients) | Last reviewed: Oct 28, 2026 |
5. Accounting, bookkeeping and tax firms
Separate because the FTC Safeguards Rule covers tax preparers and governs how client data moves, which shapes what a text may carry. Related: A WISP for small firms that use automations.
| Category | Message | Rule | Source | Last reviewed |
|---|---|---|---|---|
| Lower risk without separate consent | A one-time reply to a client who texted you first, with only what they asked for. | FCC 15-72 on-demand texts; CTIA conversational messaging. | FCC 15-72 (2015 Omnibus Ruling); CTIA Messaging Principles (May 2023) | Last reviewed: Oct 28, 2026 |
| Needs prior express consent | Missing-document reminders, deadline reminders, “your return is ready to sign in the portal,” and invoice reminders to clients who gave you their cell number. | 64.1200(a)(1)(iii); CTIA informational messaging. | 47 CFR 64.1200; CTIA Messaging Principles (May 2023) | Last reviewed: Oct 28, 2026 |
| Needs prior express written consent | Tax-season promotions, new-service offers or referral pitches sent by automation. | 64.1200(a)(2), (f)(9). | 47 CFR 64.1200 | Last reviewed: Oct 28, 2026 |
| Never in a text | Social Security numbers, EINs, full bank or card numbers, or return contents. | The Safeguards Rule covers anyone who provides tax preparation services to consumers (16 CFR 314.2) and requires encrypting customer information “in transit over external networks and at rest” or approved compensating controls (314.4(c)(3)). The IRS tells preparers to “encrypt all sensitive files/emails, especially those with the taxpayer’s personally identifiable information” (Pub 4557). Treat ordinary SMS as unencrypted unless your provider documents otherwise, and send a portal link instead. | 16 CFR 314.2 (who is covered); 16 CFR 314.4(c) (encryption, MFA); IRS Publication 4557 | Last reviewed: Oct 28, 2026 |
| Never in a text | Login codes, passwords or portal credentials typed by staff into a text thread. | 314.4(c)(5) requires multi-factor authentication for anyone accessing an information system holding customer information; sharing credentials by text undermines that control. Firms with fewer than 5,000 consumers are exempt from some parts of the rule (314.6), but not from encryption or MFA. | 16 CFR 314.4(c) (encryption, MFA); 16 CFR 314.6 (under 5,000 consumers) | Last reviewed: Oct 28, 2026 |
What varies by state
| Area | What to check | Example source | Last reviewed |
|---|---|---|---|
| State telemarketing laws | Several states have their own versions of the TCPA. Florida’s 501.059 is one: its own written-consent definition, a state no-sales-call list, and a STOP-first rule before a texting lawsuit. Check the law in each state you text into. | Fla. Stat. 501.059 | Last reviewed: Oct 28, 2026 |
| State bar rules | Pennsylvania treats texts as live person-to-person solicitation; the ABA Model Rule doesn’t. Florida requires “Advertisement” as the first word of a text ad. Other states have their own versions and ethics opinions. | Pa. Rule of Prof. Conduct 7.3 and comment (2); ABA Model Rule 7.3, comments [1]-[2]; Florida Bar checklist: email, text and targeted social media ads | Last reviewed: Oct 28, 2026 |
| Real estate license rules | Texas lists text messages as advertisements and requires the license holder and broker names (or a link to them). Other states’ commissions set their own advertising rules. | 22 Tex. Admin. Code 535.155 | Last reviewed: Oct 28, 2026 |
| State privacy and data-security laws | HIPAA and the Safeguards Rule are federal floors. State health-privacy, data-security and breach laws can add requirements; we haven’t listed them here. | Your state’s statutes | Last reviewed: Oct 28, 2026 |
Texting customers in Canada
If you text Canadian numbers, Canada's Anti-Spam Legislation applies to commercial texts. Section 6 requires consent (express or implied) and that each message identify the sender, give contact information and include an unsubscribe mechanism. An inquiry in the last six months or a purchase in the last two years creates an existing business relationship and implied consent (section 10(10)). Unsubscribe requests must take effect within 10 business days (section 11(3)). Source: CASL, S.C. 2010, c. 23. Last reviewed: Oct 28, 2026.
How our recipes handle this
Our texting recipes stop on the standard opt-out words, keep first replies about the customer's own request, and leave consent wording and record-keeping to you. What each one does and doesn't do is on its recipe page; how we test them is on How we test.
Sources
All opened and checked on Oct 28, 2026. Federal regulations link to the current eCFR text.
- 47 CFR 64.1200
- FCC 15-72 (2015 Omnibus Ruling)
- FCC order, 91 FR 67214 (Oct 26, 2026)
- FCC rule, Aug 29, 2025 (one-to-one consent rule removed)
- CTIA Messaging Principles (May 2023)
- Twilio: A2P 10DLC brand registration
- HHS FAQ 286 (appointment reminders)
- HHS FAQ 570 (electronic messages to patients)
- 45 CFR 164.501 (marketing)
- 45 CFR 164.502(b) (minimum necessary)
- 45 CFR 164.508(a)(3) (marketing authorization)
- 45 CFR 164.522(b) (confidential communications)
- 45 CFR 164.530(c) (safeguards)
- ABA Model Rule 1.6
- ABA Model Rule 7.3
- ABA Model Rule 7.3, comments [1]-[2]
- Pa. Rule of Prof. Conduct 7.3 and comment (2)
- Florida Bar checklist: email, text and targeted social media ads
- 16 CFR 314.2 (who is covered)
- 16 CFR 314.4(c) (encryption, MFA)
- 16 CFR 314.6 (under 5,000 consumers)
- IRS Publication 4557
- Fla. Stat. 501.059
- 22 Tex. Admin. Code 535.155
- CASL, S.C. 2010, c. 23
Not legal advice. We build and test automations; we aren't lawyers. This is a plain-English summary of primary sources, each opened and checked on Oct 28, 2026. Rules change, and state laws, bar rules and license rules add to the federal ones. Have a lawyer or compliance adviser review your texting before you turn it on.