Yes, but only with the right consent, and this law has real teeth. To text or call a customer's cell phone for marketing you generally need their prior express written consent first, you must honor the national Do Not Call list (which now covers texts as well as calls), and you can only contact people between 8 a.m. and 9 p.m. their local time. Get it wrong and the damages run $500 to $1,500 per message, with no cap, which is exactly how one-person trades businesses end up in class actions over a bought lead list. Two federal laws set the rules: the TCPA covers calls and texts, and CAN-SPAM covers email. Here is what each one actually requires.
The two laws you are up against
The TCPA (Telephone Consumer Protection Act), enforced by the FCC, governs calls and texts. CAN-SPAM, enforced by the FTC, governs commercial email. They work differently: the TCPA is consent-first and brutal on damages, while CAN-SPAM lets you send a first email without opt-in but demands strict housekeeping. You need to follow both if you market by phone and by email.
Texting and calling: what the TCPA demands
For a marketing robocall or robotext to a cell phone, you need prior express written consent before you send it:
- A written, signed agreement (paper or electronic) that clearly says who will contact them and why. A checked or signed consent box on your quote form or website is the minimum.
- Keep the record indefinitely. Call logs, form submissions, timestamps. If you cannot prove consent, you cannot defend the claim.
- The message has to match what they signed up for. Consent given on a roofing-quote form covers roofing offers, not loan pitches. The content must be logically and topically tied to the context in which they agreed.
For non-marketing contact, such as an appointment reminder or a "we are on our way" text to an existing customer, the bar is lower: prior express consent, without the written requirement.
The Do Not Call list now covers texts too
- Scrub your list against the national Do Not Call Registry (donotcall.gov) before any outbound campaign, and re-scrub regularly. You cannot call or text a listed number for marketing unless an exemption applies.
- Exemptions are narrow: an existing business relationship, or the person's prior express invitation or permission.
- Keep your own internal do-not-contact list. Anyone who asks off goes on it, whether or not they are on the federal registry.
- Business landlines are not protected the same way a personal cell number is, but do not assume a number is a business line.
- Eleven states run their own DNC lists on top of the federal one. Check Working in Your State before a campaign that targets a specific state.
Calling hours and honoring opt-outs
- No calls or texts before 8 a.m. or after 9 p.m. in the recipient's local time zone. Watch the time zone, not yours.
- People can revoke consent any reasonable way. As of 2025 a customer can opt out by phone, email, or any reasonable means, not only by texting STOP, and you must honor it within 10 business days.
- One confirmation text is allowed. If someone opts out you may send a single confirmation within about five minutes, and nothing after that.
- Honor every stop word. STOP, QUIT, END, UNSUBSCRIBE, REVOKE, and the like all mean remove them.
The class-action math that makes this dangerous
Statutory damages are $500 per violation, up to $1,500 for willful violations, with no cap per person. Multiply that across a list and the exposure is enormous: a few hundred improperly texted numbers is six figures before legal fees. Around 80% of TCPA filings in 2024 and 2025 were class actions, and plaintiffs' firms actively hunt for these cases. A one-person landscaping or trades business that mass-texts a purchased lead list is not too small to be sued. This is the single most expensive mistake in the whole guide.
Email marketing: what CAN-SPAM demands
You do not need opt-in before a first commercial email, even to another business, but every marketing email must have:
- Accurate sender and routing info and a non-deceptive subject line that reflects the actual content.
- A clear ad disclosure where the recipient has not already asked to hear from you.
- A valid physical postal address (street address, PO Box, or registered mailbox).
- A working unsubscribe that stays live for at least 30 days, honored within 10 business days, with no fee and no hoops.
- No selling or transferring an address after someone unsubscribes.
The penalty runs up to $53,088 per email in 2026, with no per-campaign cap, so each bad message counts on its own. Some states, notably California, layer stricter opt-in rules on top. Route those to Working in Your State.
The parts that are changing fast
Two pieces of this are in motion, so verify before you rely on them. The FCC's "one-to-one" consent rule, which would have forced separate consent for each seller on a shared lead form, was vacated by a federal appeals court in early 2025, so bundled written consent is allowed again for now, though the FCC may re-propose something. And the rule that a single opt-out must apply across all message types from the same sender has been delayed to January 31, 2027. This area moves constantly. Check fcc.gov before you launch a campaign.
The safe habit
Get a clear, checked or signed consent box on your quote form or website, keep the record, scrub the Do Not Call list before you send, honor opt-outs fast, and respect the calling hours. Do not buy a lead list and blast it. Build your own opted-in list and this whole area of risk mostly disappears.
Common questions
Do I need consent to text an existing customer about their job?
For a genuine service message to an existing customer, such as an appointment reminder or a "we are on our way" text, the bar is lower: you need their prior express consent, but it does not have to be written. The written-consent requirement kicks in when the message is marketing, meaning you are promoting more work. If in doubt, get a documented written opt-in and keep it.
Can I buy a list of leads and text them my services?
This is the most dangerous thing in the guide. Marketing texts to cell phones need prior express written consent that the recipient personally gave, and a purchased lead list almost never carries that. Even one text to a bought number can create exposure, and at $500 to $1,500 per message across a list, that is how one-person trades businesses land in class actions. Build your own opted-in list instead.
What happens if someone replies STOP?
You must stop marketing to them and treat it as revoked consent. Since 2025 a customer can opt out by any reasonable means, not only the word STOP, and you have to honor it within 10 business days. You may send one confirmation text within about five minutes of the request, but nothing more. Add them to your internal do-not-contact list permanently.
Does the Do Not Call list apply to text messages?
Yes. The FCC confirmed the national Do Not Call Registry covers text messages as well as voice calls, so you cannot text a listed number for marketing unless an exemption applies, such as an existing business relationship or the person's prior invitation. Scrub your list against donotcall.gov before any campaign, and re-scrub regularly. Eleven states also run their own lists, so check Working in Your State.
Do these rules apply to emails I send to other businesses?
Yes. CAN-SPAM covers all commercial email to US recipients, including business-to-business email. You do not need opt-in before a first email, but every marketing email must have accurate sender and subject lines, an ad disclosure where needed, a valid physical mailing address, and a working unsubscribe you honor within 10 business days. The penalty runs up to $53,088 per email in 2026, so this is not one to wing.
The honest bit
- The damages and penalty figures here are current for 2026 and set by federal law. Verify them at fcc.gov (TCPA) and ftc.gov (CAN-SPAM), because this is one of the fastest-moving areas in the whole reference.
- State Do Not Call lists and stricter state email rules (California in particular) vary. Confirm yours in Working in Your State.
- This is general guidance, not legal advice. TCPA exposure is serious and class actions are real, so talk to an attorney before running any large text or call campaign.
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