SMS/MMS Compliance Laws

Stay Compliant with State SMS Marketing Laws

Know the Rules Before You Hit Send

Text messaging is one of the most powerful ways to connect with customers. It’s fast, personal, and effective — but it’s also regulated. Sending marketing messages without the proper consent can cost your business thousands of dollars per message and damage customer trust.

Every state has its own rules when it comes to SMS marketing. Knowing and following these laws isn’t just good practice — it’s the law.

Why SMS Compliance Matters

Unsolicited text messages are illegal under federal law, and many states have added their own regulations. Understanding both helps your business:

Avoid costly fines — up to $5,000+ per text
Protect customer privacy and build trust
Maintain your ability to use SMS as a communication channel
Keep your brand reputation strong

What You Need to Know

There are three main types of text messages your business might send — and each requires a different level of consent:

Conversational Messages: One-to-one conversations typically initiated by the customer. Consent is implied, but opt-out options are still required.
Informational Messages: Appointment reminders, alerts, or updates. Require express consent from the recipient.
Promotional Messages: Offers, sales, and discounts. Require express written consent — the highest level of permission.

Federal & State Regulations

Your business must follow two key federal laws that govern SMS marketing:

Telephone Consumer Protection Act (TCPA): Restricts automated calls and texts without consent.
CAN-SPAM Act: Covers commercial email and text messages, requiring opt-out options and sender information.

Beyond these, more than a dozen states currently have their own SMS-specific laws — and more are being proposed. Even if your business isn’t based in one of these states, you must still comply when messaging residents there.

The Cost of Non-Compliance

Violating SMS marketing laws can lead to fines ranging from several hundred dollars to several thousand dollars per message. If you send thousands of texts, those penalties can add up fast. In some cases, you could even lose your right to send SMS messages altogether.

Protect Your Business - and Your Customers

Building a compliant SMS marketing strategy is essential. Make sure your team understands the laws, secures proper consent, and provides clear opt-out options on every message.

Stay informed. Stay compliant. Protect your business from unnecessary risk.