Are marketing texts subject to Do-Not-Call regulations?

Through an order in December 2023, the Federal Communications Commission (FCC) explicitly included marketing text messages under its Do-Not-Call (DNC) regulations-- marking this decision the first time the FCC formally extended its DNC regulations to cover text message marketing.

This order reinforces the importance of obtaining prior consent before sending marketing texts to subscribers on the DNC Registry.

What this means for your brand

If your brand has obtained prior written consent, this is likely to have minimal impact because brands who have obtained this consent are excluded from the requirement to scrub against the DNC registry.

However, merchants messaging subscribers without written consent, including those sending person-to-person, or human-initiated, messages face an increased risk of costly litigation. If your brand is operating without written consent, you now need to either obtain prior express written consent or adhere strictly to FCC's DNC regulations.

Under FCC rules, businesses without prior written consent must implement written procedures, train personnel, maintain DNC lists, access the DNC database, and ensure compliance with relevant laws.

For further guidance on TCPA compliance and FCC regulations, we encourage you to consult legal experts versed in telecommunications law.

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