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TCPA Text Message Marketing Lawyer

Helping clients navigate laws such as the TCPA to see success from text messaging while minimizing legal risk.

TCPA Text Message Marketing Lawyer

Helping Clients Leverage The Potential Of Text Messaging

While Accounting For & Minimizing Legal Risk

Businesses and organizations of all types and sizes are increasingly utilizing text messaging to achieve growth goals. From Fortune 500s and large political campaigns to startups and healthcare providers, text messaging’s unique effectiveness in the marketing context and for other communication purposes is unparalleled in many respects. It is, therefore, seeing marked upticks in adoption. To illustrate the incredible effectiveness of properly executed text messaging, Crazy Egg cites research showing open rates as high as 98% for text message marketing. With so much potential, it is no wonder that marketers are increasingly incorporating text messaging campaigns into their broader marketing stacks.

Unsurprisingly, though, and as is often the case, tools and strategies with great potential bring accompanying legal risks. When it comes to texting, risk comes from a variety of vectors, including the following laws:

  • Federal: Federal laws like the Telephone Consumer Protection Act (TCPA)
  • Texas: On June 20, 2025, Governor Abbott signed SB140 into law. The new telemarketing requirements and expanded enforcement provisions will take effect on September 1, 2025. This significant piece of legislation fundamentally reshapes the landscape for businesses engaged in text message marketing to Texas consumers, creating new compliance obligations and substantially increasing litigation risks.
  • Florida: Florida’s Telephone Solicitation Act (FTSA)
  • Washington: Washington state’s Commercial Electronic Mail Act (CEMA) and the recent expansion by a court in the state to bring recruitment and otherwise non-transactional outreach within the scope of the law.
  • Other States: Many other states have their own TCPA-type compliance laws (sometimes referred to as “mini-TCPA laws”) that create varying compliance deviations, ranging from quiet hours, strict consent requirements, and DNC compliance. These states include but are not limited to Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Nevada, New Jersey, New York, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
  • Comprehensive Privacy: Comprehensive state privacy laws, such as California’s Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR), bring about privacy compliance obligations in the context of texting consumers.
  • Regulatory: The Federal Communications Commission (FCC), along with the Federal Trade Commission (FTC), regulates and enforces the TCPA ( among other regulators) and established the National Do Not Call Registry in 2003.

Compliance considerations are crucial to consider before embarking on text message marketing. Accentuating the essential need to account for relevant regulatory frameworks and associated legal considerations in this area is vital due to the rampant litigation, particularly on the part of “serial litigants,” and the potential for enormous settlements, such as the one against Clover for text messages sent that were allegedly in violation of the TCPA. The TCPA and related laws are constantly litigated, with higher concentrations of TCPA lawsuits in specific states. The laws are subject to updated precedent and regulatory guidance, including a recent TCPA case that reached the Supreme Court.

As text message marketing lawyers with a unique focus on the crossover of privacy, marketing, and technology laws, at RICHT, we understand the importance of valuable tools and strategies, such as text messaging, for businesses and organizations of all types and sizes. Furthermore, we remain at the cutting edge of technology, including how AI intersects with the TCPA and similar laws. Whether it be analyzing scenarios for compliance, drafting text messaging terms, including those related to consent and “quiet hours,” or providing a strategy to navigate litigation successfully, we aim to enable our clients to achieve success with text messaging while minimizing legal risk. 

TCPA Text Message Marketing Law Services We Offer

Text Messaging Compliance Review

Text Messaging Terms & Conditions

TCPA & State Law Litigation & Strategy

See Related Practice: Telemarketing Compliance →

Find Out About How A TCPA Text Message Marketing Lawyer Can Help


    TCPA Text Message Marketing Law News

    • What Does It Mean to Make a Voice Call in a Post-Telephone World? — Howard v. RNC: The Ninth Circuit ruled that a text message containing a video file does not constitute “making” a call using a prerecorded voice under the TCPA because the recipient must voluntarily press “play” to hear the audio, distinguishing it from involuntary, intrusive calls. OUR TAKEAWAY: Organizations deploying multimedia messaging campaigns should ensure all video content defaults to “mute” and requires affirmative user interaction to initiate playback, effectively leveraging this distinction to mitigate liability under TCPA “artificial voice” prohibitions. Read More →
    • Texas SB 140 Update: Stipulated Order Provides Relief for Consent-Based Text Marketers—But Questions Remain: Following a constitutional challenge, the State of Texas has entered a stipulated order clarifying that businesses operating consent-based SMS marketing campaigns are exempt from the registration and bonding requirements of Senate Bill 140. While the order provides significant administrative relief for compliant opt-in programs, legal experts warn that private litigation risks remain and that the Attorney General’s interpretation is not binding on courts in individual lawsuits. Businesses are advised to maintain rigorous consent documentation as their primary defense against potential Deceptive Trade Practices Act (DTPA) claims. Read More →
    • Washington Court Expands CEMA to Cover Recruitment Text Messages:
      In Aaland v. CRST, the Washington Court of Appeals broadened the definition of “commercial electronic text messages” under the state’s Commercial Electronic Mail Act (CEMA) to include recruitment texts sent to potential contractors, ruling that any business communication contributing to a company’s growth or prosperity is “commercial.” This decision means businesses must now obtain express consent before sending recruitment and other development-related texts to Washington residents, exposing non-compliant companies to steep statutory penalties and increased class action risk. Organizations are urged to audit messaging practices and strengthen compliance protocols in response to this expanded legal interpretation.
      Read More →
    • Federal Constitutional Challenge Filed Against Texas SB 140 SMS Marketing Regulations:
      A coalition of e-commerce businesses has filed a federal lawsuit challenging Texas SB 140, arguing the new law’s expansive regulations on text message marketing violate constitutional rights and impose excessive compliance burdens, even on companies sending messages only to consenting customers. The suit claims SB 140 fails the First Amendment’s commercial speech test, is unconstitutionally vague, and creates disproportionate liability risks through steep penalties and unclear exemptions. The outcome could shape the future of SMS marketing law nationwide, as businesses and industry groups call for clearer, narrowly tailored regulations that protect consumers without stifling legitimate digital communications.
      Read More →
    • TCPA in Turmoil: Supreme Court Shifts Power from FCC to Courts: If you thought for a moment that compliance with the Telephone Consumer Protection Act could not get more complex, the Supreme Court of the United States is here to disabuse you of that notion. On June 20, 2025, the Court held that the Hobbs Administrative Orders Review Act—providing for pre-enforcement judicial review of Federal Communications Commission orders, and previously interpreted to generally bar district courts from disagreeing with the FCC’s statutory interpretations—does not prevent district courts from independently determining the meaning of a statute, even if an agency has issued interpretation. Read More →
    • McLaughlin v. McKesson: What the Supreme Court’s TCPA Ruling Means Now: The U.S. Supreme Court has ruled that district courts in enforcement proceedings are not required to follow final orders from the Federal Communications Commission and several other agencies despite a federal law that sends challenges directly to the courts of appeal. Read More →
    • Texting Lawsuits in Washington – A Reminder About State Laws: Most businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming from the TCPA’s private right of action. However, outreach to consumers by phone, including texting, can also come under scrutiny under a patchwork of state laws, many of which have unique nuances that create compliance challenges. Read More →
    • New Class Action Threat: TCPA Quiet Hours and Marketing Messages: Actual spam calls have become a pervasive annoyance. On the other hand, text messages delivering information about exclusive sales and discounts are surely not if you have signed up for such messages.  But what about if those coveted discount code text messages are received late at night or early in the morning? That’s the question being raised in a flurry of class action complaints filed by the same Florida-based law firm.  Read More →
    • Eleventh Circuit Vacates TCPA One-to-One Consent Rule Immediately After FCC Postpones its Effective Date: On the eve prior to its effective date, the FCC’s One-to-One Consent Rule which sought to redefine the meaning of “prior express written consent” under the Telephone Consumer Protection Act, was postponed for one year by order of the FCC’s Consumer and Government Affairs Bureau.  Just minutes thereafter, the rule was struck down by the U.S. Court of Appeals for the Eleventh Circuit. Read More →
    Picture of New FCC Rule on Lead Generation Expected to Spur Wave of Lawsuits
    Reuters

    New FCC Rule on Lead Generation Expected to Spur Wave of Lawsuits

    The Federal Communications Commission on Wednesday is set to vote on a rule that attorneys say could dramatically increase the potential for lawsuits against lenders, insurers and law firms over unwanted texts and calls. The new rule would put stringent new restrictions on so-called lead generators — businesses that collect contact information provided by consumers and sell it to companies looking for new customers.

    TCPA
    Text Messaging Law
    Picture of FCC to Launch Inquiry on AI's Impact on Robocalls and Robotexts
    Data Guidance

    FCC to Launch Inquiry on AI's Impact on Robocalls and Robotexts

    The Federal Communications Commission (FCC) Chairwoman announced that they intend to propose a Notice of Inquiry to better understand how artificial intelligence (AI) impacts illegal and unwanted robocalls and texts.

    TCPA
    Text Messaging Law
    Picture of U.S. Supreme Court Backs Facebook In Case About Unwanted Texting
    Reuters

    U.S. Supreme Court Backs Facebook In Case About Unwanted Texting

    The U.S. Supreme Court on Thursday made it easier for businesses to pester consumers with phone calls or text messages by tossing out a lawsuit accusing Facebook Inc of violating a federal anti-robocall law.

    TCPA
    Text Messaging Law

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