U.S. SMS and calling compliance,
organized for product teams.
This page pulls together the federal floor and selected state timing rules we rechecked against official sources, with a separate section for the question that matters operationally: what you may send when the customer contacted you first.
Last reviewed: March 26, 2026. Informational only, not legal advice. TCPA litigation risk, state mini-TCPA statutes, carrier rules, and sector-specific rules can move faster than a static page.
Federal floor
Outbound telemarketing calls generally must stay inside the federal 8 a.m. to 9 p.m. window at the called party's location, while FCC TCPA rules continue to treat many marketing robotexts and robocalls as regulated calls.
Customer-initiated contact
An inbound text, voicemail, or clear callback request usually supports a request-related reply. It does not automatically create blanket marketing consent, recurring campaign consent, or robocall consent.
Operate conservatively
Classify each touch as service or marketing, apply the recipient's local time, honor STOP and entity-specific do-not-call requests immediately, and capture seller-specific consent before you upsell.
Federal floor
Federal law is the baseline, not the finish line. If a state is stricter, the stricter rule usually wins operationally.
FTC Telemarketing Sales Rule
Without prior consent, outbound telemarketing calls to a residence must stay between 8:00 a.m. and 9:00 p.m. local time at the called person's location. The TSR also says inbound calls are not a free pass for upsells: internal and external upsells can still trigger full telemarketing duties.
FCC TCPA rules for calls and texts
FCC orders treat many text messages as calls under the TCPA. Marketing robocalls and marketing robotexts generally require prior express written consent, while non-telemarketing autodialed or prerecorded calls and texts still require prior express consent.
What customer-provided numbers usually support
FCC guidance has long recognized that when people knowingly provide a number, they generally invite contact at that number for the context in which they gave it, absent contrary instructions. That supports request-related operational replies better than it supports future marketing.
What captured numbers do not support
FCC guidance also says that a number captured through caller ID or ANI does not, by itself, create consent for future autodialed or prerecorded solicitation. A missed call is not the same thing as express permission.
Federal STOP, opt-out, and do-not-call rules
At the federal level, the important distinction is not whether a sender recognizes the exact word STOP. The legal question is whether the sender actually lets people revoke consent or opt out in a reasonable way, and then stops within the required time.
For robocalls and robotexts under FCC rules
STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, and UNSUBSCRIBE are all treated as valid revocation methods when sent in reply to an incoming text. They are not exclusive. Other wording also counts if a reasonable person would understand it as a request to stop.
No single forced channel
A caller may not force consumers to use one exclusive opt-out method. FCC rules also recognize voicemail, email, an interactive keypress or voice opt-out, and a designated website or phone number as reasonable routes to revoke consent.
Timing and confirmation text
Revocation requests must be honored within a reasonable time, no later than 10 business days. One confirmation text is allowed, but only if it merely confirms the opt-out, contains no marketing or promotional content, and is the only extra message sent after the request. A confirmation sent within 5 minutes is presumed reasonable.
If two-way texting is not available
When the texting protocol does not allow reply texts, each text must clearly disclose that limitation and provide reasonable alternative opt-out methods. Federal law does not simply excuse the sender from handling revocation.
Important date
As of March 26, 2026, the FCC's broader rule that could require a revocation sent in response to one message stream to stop all unrelated robocalls and robotexts from the same caller has been delayed until April 11, 2026. The rest of the revocation framework is already in force.
FTC telemarketing do-not-call duties
For telemarketing, the FTC's TSR separately bars sellers and telemarketers from denying or interfering with a person's request to be placed on the seller's entity-specific do-not-call list. You may not require the consumer to listen to a sales pitch, pay a fee, call another number, or identify the seller before you accept the request.
Registry and recordkeeping
Telemarketers and sellers covered by the TSR should keep an entity-specific do-not-call list, scrub the National Do Not Call Registry using a version no more than 31 days old, and retain required telemarketing and do-not-call records for 5 years.
Special federal opt-out carve-outs
GoodMorningBuddy does not fall into these exempt categories, but they are useful as examples of how federal opt-out mechanics can change by message type. Package delivery notifications must include an opt-out and honor it within no more than 6 business days. Certain exempt financial institution and healthcare text programs must tell recipients they can opt out by replying STOP, and those programs must honor opt-outs immediately.
Do not overread HELP language
Federal law is explicit about revocation and do-not-call rights. It is not the same thing as carrier or industry messaging program rules. A standard footer like Reply STOP to opt out, HELP for help may be operationally common, but the federal legal duty is broader: the sender must actually accept and process reasonable revocation requests.
Selected state overlays rechecked against official sources
This is not a 50-state survey. It is the set of state rules from this memo that we rechecked against current official sources because they materially change timing or change the answer for customer-initiated replies.
| Jurisdiction | Time rule | Why it matters operationally | Official source |
|---|---|---|---|
| Alabama | Solicitation calls only from 8 a.m. to 8 p.m., and not on Sundays or holidays. | Stricter than the federal floor and applies to both live and automated solicitation rules in the cited regulation. | Alabama PSC Rule 770-X-5-.17 |
| Connecticut | Unsolicited telephonic sales calls may not be received from 9 p.m. to 9 a.m. local time. Unsolicited text or media messages to mobile devices are prohibited at any time. | Current law is unusually strict for unsolicited marketing texts, but expressly excludes calls or messages sent in response to a consumer request or inquiry, prior express written consent, existing customers, established business relationships, and debt or contract messages. | Conn. Gen. Stat. ch. 743m |
| Florida | Commercial telephone solicitation phone calls may not be made before 8 a.m. or after 8 p.m. local time in the called person's time zone. | State law is one hour tighter than the federal 9 p.m. cutoff. | Fla. Stat. 501.616 |
| Kentucky | Telephone solicitations to a person's residence may run only between 10 a.m. and 9 p.m. local time at the called person's location. | Kentucky has one of the latest morning start times in the country, so it can control nationwide default send windows. | Ky. Rev. Stat. 367.46955 |
| Louisiana | Advertising and solicitation calls using live operators or ADAD equipment must stay within 8 a.m. to 8 p.m., Monday through Saturday, and may not run on Sundays or state holidays. | Louisiana also has separate telephonic solicitation rules that define solicitation broadly to include voice or data communication, so text campaigns need a separate Louisiana review. |
La. R.S. 45:811 2018 Act 991 text update |
| Maine | Automated telephone calling devices may place solicitation calls only on weekdays between 9 a.m. and 5 p.m. Maine time. | The same section also bars many automated or prerecorded solicitation calls to residential and cellular numbers, but explicitly allows a response to a telephone inquiry initiated by the recipient and prior written express consent. | 10 M.R.S. 1498 |
| Maryland | Telephone solicitations, including calls made through automated dialing or recorded messages, may not run between 8 p.m. and 8 a.m. in the called party's time zone. | Maryland expressly exempts a single solicitation made in response to a customer or client inquiry or request, and the consent definition expressly covers call, text message, and voicemail for autodialed or recorded solicitations. |
Md. Com. Law 14-4502 Md. Com. Law 14-4501 |
| Massachusetts | Unsolicited telephonic sales calls may not be received between 8 p.m. and 8 a.m. local time at the consumer's location. | Massachusetts also bars electronically transmitted facsimiles and recorded-message-device sales calls under the same section. | Mass. Gen. Laws ch. 159C, § 3 |
| Minnesota | Automatic dialing-announcing devices and commercial telephone solicitations may not run before 9 a.m. or after 9 p.m. | Minnesota narrows the opening hour relative to federal law. | Minn. Stat. 325E.30 |
| New York | Telemarketing may run only between 8 a.m. and 9 p.m. at the customer's location unless the customer expressly consents to a different time. | New York's materials define electronic messaging text, so teams should not assume the rule is voice-only. Existing business relationship concepts still matter, but they do not replace TCPA consent analysis for robotexts. | N.Y. Dept. of State guide |
| Oklahoma | Commercial telephone solicitation phone calls, including calls made through automated dialing or recorded messages, may not run before 8 a.m. or after 8 p.m. local time in the called person's time zone. | Oklahoma is another state where the evening cutoff is one hour tighter than the federal floor. | Okla. Stat. tit. 15, § 775C.4 PDF |
| Tennessee | Without the residential subscriber's prior express permission, telephone and text message solicitations may not run other than between 8 a.m. and 9 p.m. local time at the called party's location. | Tennessee's current TPUC rules explicitly cover both calls and texts, which makes it a relevant overlay for SMS campaigns, not only voice campaigns. | Tenn. Comp. R. & Regs. 1220-04-11-.02 |
| Texas | Consumer telephone calls may run only after 12 noon and before 9 p.m. on Sunday, or after 9 a.m. and before 9 p.m. on weekdays and Saturday. | Texas expressly excludes calls made in response to the consumer's express request, existing debt or contract calls, and prior or existing business relationship calls. Since September 1, 2025, the definition of telephone solicitation also expressly includes text, graphic, and image transmissions. |
Tex. Bus. & Com. Code 301.051 Tex. Bus. & Com. Code 302.001 |
| Utah | Without prior express consent, telephone solicitations to residential or cellular numbers may not run between 9 p.m. and 8 a.m. local time, on Sunday, or on a legal holiday. | Utah also limits automated telephone dialing systems to calls backed by prior express consent or an established business relationship. | Utah Code 13-25a-103 |
| Washington | Telephone solicitors may not place calls that will be received before 8 a.m. or after 8 p.m. at the recipient's local time. | Washington uses the recipient's local time and is one hour tighter than the federal evening cutoff. | RCW 80.36.390 |
Conservative operating policy
- Use the recipient's local time, not your sender time zone.
- Split messaging into two queues: service replies and marketing outreach.
- Treat inbound contact as permission for a request-related response, not for a campaign.
- Collect seller-specific, channel-specific, timestamped consent before marketing robotexts or robocalls.
- Honor STOP, revocation, and entity-specific do-not-call requests immediately across all vendors.
- For a single nationwide default, consider marketing only Monday through Saturday between 10 a.m. and 8 p.m. local time, while separately suppressing stricter states like Connecticut for unsolicited texts and Maine for automated calls.
What this page does not solve by itself
It does not replace a full 50-state review, campaign-by-campaign counsel review, or carrier registration work for A2P messaging.
It does not cover every state mini-TCPA, insurance, debt-collection, healthcare, or emergency solicitation rule.
It assumes you still maintain auditable consent logs, revocation logs, vendor instructions, and call or text content classification records.
Primary sources
Official links first. Where a state publishes both statute text and agency guidance, the statute is listed before the guidance.
FTC Telemarketing Sales Rule
Official eCFR text for 16 CFR Part 310, including the federal 8 a.m. to 9 p.m. calling window, company-specific do-not-call requirements, registry scrubbing, and TSR recordkeeping.
FTC compliance guidance
FTC guidance explaining how the TSR applies to inbound calls and why upsells after exempt interactions are still regulated.
FTC DNC Q&A
FTC guidance on entity-specific do-not-call requests, established business relationship timing, and the 31-day National Do Not Call Registry refresh rule.
FCC TCPA rule text
Official eCFR text for 47 CFR 64.1200, including revocation by reasonable means, one-time confirmation texts, 10-business-day honor periods, and do-not-call handling for telemarketing and certain exempt prerecorded calls.
FCC consent and robotext order
FCC order codifying revocation through reasonable means, standard reply words like STOP and UNSUBSCRIBE, the one-time confirmation text rule, and the ban on exclusive opt-out channels.
FCC 2025 limited waiver order
FCC order delaying one piece of the broader revocation rule until April 11, 2026, while leaving the rest of the 2024 consent and revocation framework in place.
FCC 2015 consent guidance
FCC order restating that people who knowingly give a number generally invite contact at that number, absent contrary instructions, while still requiring actual consent for the call type involved.
FCC ANI and caller ID guidance
FCC order explaining that a captured caller ID or ANI number does not, by itself, create consent for future autodialed or prerecorded solicitation.