Can you text a new lead or a past customer, and what consent do you need?
Text a new lead or a past customer only with the person's consent, and stop as soon as they ask. The FCC's position is that its consent rules cover texts sent with an autodialer, that a reply such as "stop" takes consent back, and that opt-outs must be honored within a reasonable time, no later than ten business days. Answering what someone asked about is different from sending offers, so ask separately before any marketing. This is a plain summary, not legal advice.
What the FCC says about consent
In its 2024 order on consent, the FCC says the federal law it enforces, the Telephone Consumer Protection Act (TCPA), restricts robocalls and robotexts without "the prior express consent of the called party" or a recognized exemption. The same order says the FCC has confirmed that a text sent using an autodialer counts as a "call" under that law.
This is a plain summary, not legal advice.
How a person takes consent back
- Once the FCC's October 2026 order takes effect, it lists standard reply words that revoke consent: stop, quit, end, revoke, opt out, cancel and unsubscribe.
- Under that order, once in force, a sender that does not name one exclusive way to opt out must accept a request made by any reasonable means.
- Requests must be honored within a reasonable time, and no later than ten business days after they arrive.
- One text confirming the request is allowed if it only confirms it and includes no marketing; sent within five minutes, it is presumed to fall within the person's consent.
Replying versus marketing
The October 2026 order treats informational texts, which it describes as texts without "any advertising or telemarketing", differently from marketing texts. In the FCC's position, a stop request sent in reply to a marketing text ends consent to all future marketing texts from that sender, while a stop sent in reply to an informational text may be read as covering only that kind of message.
As general advice, answering a customer who asked about a job is a different act from sending offers to a list. Keep the two apart, ask separately before you send promotions, and text a past customer only with the person's consent, noting when and how they gave it. The related answer on winning back past customers covers what to say.
What the FCC's position does not do
The 2024 order notes that the TCPA itself does not define prior express consent, and the 2026 order still asks for public comment on parts of these rules, such as two-way texting. The FCC says the 2026 changes take effect 30 days after they are published in the Federal Register. This summary does not cover state rules, which may differ. It does not say whether a text typed and sent by hand needs consent; asking first is still the safe habit. The simplest habit is to treat any clear request to stop, in any words, as final, and to note it next to the person's name.
Sources
- Federal Communications Commission, "Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991", Report and Order and Further Notice of Proposed Rulemaking, FCC 24-24 (released February 16, 2024)
- Federal Communications Commission, "Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991", Report and Order and Further Notice of Proposed Rulemaking, FCC 26-67 (released October 1, 2026)
Related answers
- Should you call or email a new lead first?
- How do you win back customers who have not come back?
- How should you follow up with a lead that goes quiet?
Lead systems and lead tracking
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