DNC registry and text messages: what the rules actually require

Last updated 2026-07-10

Does the Do Not Call Registry apply to text messages?

Yes, but not in the clean, automatic way most people assume.

The National Do Not Call Registry was created under the Telephone Consumer Protection Act of 1991 (47 USC 227) and the FCC's implementing rules at 47 CFR Part 64. ^[1] When Congress wrote the TCPA, "telephone solicitation" was defined to include calls to residential numbers. The FCC later read that definition to cover text messages too. The agency has treated a text message as a "call" under the TCPA since its 2003 telemarketing rules, and courts have followed suit. ^[2]

So a marketing text is legally a "telephone call" under the TCPA. Sending a commercial text to a number registered on the National DNC Registry can violate the law, exactly the way calling that number would.

Here is where it gets messy. The Registry was built around voice calls to residential lines. Plenty of cell numbers sit on the list because their owners registered them to stop calls, not texts. The FCC has never issued a bright-line rule saying a DNC registration blocks every text forever. What the law actually says is narrower: if you are making a "telephone solicitation," you cannot call or text a registered number without an established business relationship or an express invitation. ^[3]

Run an outbound SMS campaign to a purchased list and the takeaway is simple. Scrub that list against the DNC Registry before you send. That is not optional.

How is a marketing text different from a marketing call under TCPA?

The TCPA runs on two tracks, and a text sits on both at once. That is what trips people up.

Track one is the Do Not Call rules. They apply to "telephone solicitations" broadly, voice or text, residential or wireless. If a number is on the National DNC Registry, you generally cannot send it unsolicited marketing. ^[1]

Track two is the autodialer and prerecorded message rule under 47 USC 227(b). It applies to calls and texts sent to wireless numbers with an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice. For wireless numbers you need prior express consent regardless of whether the number appears on the DNC list. ^[4] A cell number that is NOT on the Registry still needs consent before you text it with an automated marketing message.

That is the real difference in practice. Call a residential landline and DNC registration is the main gate. Text a cell phone and you clear two gates: the number is off the DNC list (or you have consent), and if any automated system is sending, you have prior express written consent no matter what the DNC status is.

The FCC's 2012 order raised the bar further. It required "prior express written consent" for marketing texts sent via ATDS, meaning a signed agreement or a compliant digital opt-in that spells out what the person is signing up for. ^[5] A vague opt-in to receive "information" does not cut it for marketing texts.

See our full breakdown of do not call list rules for how the Registry works alongside these consent rules.

What penalty do you face for texting a number on the DNC Registry?

Every text to a registered number that breaks the TCPA is its own violation. The statutory floor is $500 per text. If a court finds the violation willful or knowing, that triples to $1,500. ^[1] Multiply by a campaign and the math turns ugly fast.

A blast of 100,000 texts to DNC-registered numbers without consent carries statutory exposure of $50 million to $150 million. That is the whole reason plaintiffs' firms chase these cases.

The FCC can also impose its own civil penalties in enforcement actions, adjusted for inflation each year, but private plaintiffs under the TCPA are capped at the $500 to $1,500 range per message. ^[6] Class actions are where the number becomes catastrophic.

This is not hypothetical. Papa John's settled a TCPA text message class action for $16.5 million in 2021. ^[7] The plaintiffs never had to prove they were harmed. They only had to show the texts went out without proper consent to numbers that qualified for protection.

State attorneys general can bring their own actions on top of that. Florida, Indiana, and Pennsylvania each run separate registries with separate penalties, so federal DNC compliance is the floor, not the ceiling. If you push real volume into Florida, read our Florida do not call list guide before you send another message.

Which types of texts are exempt from DNC Registry restrictions?

Not every text counts as a "telephone solicitation." Several categories sit outside the DNC rules, though most still answer to the autodialer consent rules on track two.

Informational texts are the big one. A shipping notice, a one-time passcode, an appointment reminder with no sales pitch, a bank fraud alert: these are generally not solicitations and do not trigger DNC restrictions. ^[3] But the FCC watches for informational texts that smuggle in a sales angle. Slip a "by the way, check out our sale" into a shipping update and you can turn an exempt text into a solicitation.

Nonprofits get a wider berth. Tax-exempt organizations asking for donations fall outside the telephone solicitation definition, so DNC Registry rules do not bind them. They still face autodialer consent rules if they use an ATDS.

Established business relationship (EBR) used to help with calls. For texts, the FCC's 2012 order killed the EBR exception for the autodialer and prerecorded message consent requirement. ^[5] So even if someone bought from you last week, you still need prior express written consent to send a marketing text through an autodialing platform.

Political texts live in a gray zone. Candidate committees and PACs sending political messages generally fall outside the solicitation definition, but peer-to-peer political texts sent one at a time by real humans get treated differently than mass-blast systems.

Mix informational and promotional content in one program and you invite trouble. Separate the streams. That single move cuts your exposure more than almost anything else you can do.

How do you scrub your SMS list against the DNC Registry?

The FTC and FCC require telemarketers to check the National DNC Registry before calling or texting. The FTC maintains the Registry and you reach it at donotcall.gov. ^[8] Commercial access to more than five area codes needs a paid subscription. As of 2024 the fee is $80 per area code per year, capped at $21,850 for full national access. Those numbers move a little each year because the FTC adjusts them for inflation, so check the current schedule before you budget. ^[9]

Here is the working process for an SMS campaign:

1. Export your contact list with full 10-digit phone numbers. 2. Download the DNC Registry data for every area code you plan to contact, or use a data hygiene vendor that holds a current license. 3. Deduplicate against the Registry file. Flag any match as DNC-suppressed. 4. Layer on your internal suppression list, which has to include everyone who opted out of your texts. 5. Document the scrub: date, Registry version date, record count before and after. Keep that paper trail.

The FCC allows a 31-day safe harbor. You have 31 days after a number lands on the Registry before you are required to have it scrubbed off your list, and your list can be no more than 31 days old at the time of the text. ^[3] Scrubbed three months ago and sending today? You are outside the safe harbor.

Third-party scrubbing vendors automate the whole thing, and some plug straight into your CRM and SMS platform. At LeadCompliant, the free phone checker runs a real-time DNC lookup so you can verify individual numbers before a campaign goes out. For bulk list hygiene, the compliance kit walks through the full suppression workflow.

For more on pulling Registry data, see how do I get the do not call list.

What is prior express written consent, and how do you get it for texts?

"Prior express written consent" is the FCC's standard for marketing texts sent via ATDS. The agency's 2012 rules define it as "an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice." ^[5]

Digital signatures count. You have to get the consent before the first message goes out. It has to disclose two things: that agreeing is not a condition of buying anything, and that the person will get marketing texts from you (named specifically) at the number they gave.

What does NOT work:

• A checkbox buried in terms of service that never mentions marketing texts by phone.
• Consent to "receive updates" with no mention of texts.
• Consent given to a third party that does not name your company.
• Verbal consent over the phone (verbal can work for informational messages, but marketing via ATDS needs it in writing).

Lead generation is the danger zone. Buying a list where the leads supposedly opted in somewhere is not the same as holding consent. The FCC's one-to-one consent ruling requires that consent name your company specifically, more than a broad industry category. ^[10] That guts the old model of buying consent-aggregated leads and blasting them.

Store every consent record with a timestamp, the exact language the consumer saw, the IP address if it was digital, and the phone number as entered. You will want all of it the day a TCPA demand letter shows up.

If you want to see how mobile numbers interact with the Registry, the article on the mobile phone do not call list covers it.

Does a consumer's DNC registration block texts forever?

Registration on the National DNC Registry is permanent. Numbers do not fall off. ^[8] Once a consumer registers, the number stays there until they ask for removal or the number gets disconnected and reassigned.

Reassignment is one of the nastier problems in SMS compliance. A cell number registered by its old owner does not clear itself when the number moves to a new subscriber. The FCC built the Reassigned Numbers Database to help callers spot numbers that changed hands, but that lookup is separate from your DNC suppression scrub. ^[11] You run both.

In practice: scrub against DNC, scrub against the Reassigned Numbers Database for numbers you have texted before, and watch carrier-level delivery receipts for "not in service" or reassignment signals.

Your internal do-not-contact list works the same way. Opt-outs are permanent unless the consumer re-opts in on their own. You cannot restart texts to someone who sent STOP just because six months went by.

How do state DNC laws change the rules for text messages?

Several states run their own do-not-call registries alongside the federal list. Some reach texts. Some set a tighter standard than the TCPA.

Florida passed the Florida Telephone Solicitation Act (FTSA), effective July 1, 2021 and amended in 2023. It creates a private right of action for texts sent using an "automated system for the selection or dialing of telephone numbers" without prior express written consent. ^[12] Florida's "automated system" definition reads broader than the TCPA's ATDS standard, so a platform that dodges federal ATDS liability can still trigger Florida liability. Damages run $500 per call or text.

Indiana's Do Not Call law covers telephone solicitations and reaches texts. See our indiana do not call list guide for the details. Pennsylvania runs a telemarketer registration requirement and its own state DNC list, covered in the do not call list pa article.

The rule of thumb: comply with both federal and state law, and where they clash, follow the stricter one. Several states have no clear statutory language on texts, so courts fall back on general consumer protection statutes, which makes liability harder to predict.

State	Has own DNC list	Extends to texts	Per-violation damages
Florida	Yes (FTSA)	Yes	$500
Indiana	Yes	Yes	$150 to $10,000 (varies)
Pennsylvania	Yes	Yes (state AG position)	Up to $1,000
Texas	Yes	Yes	$5,000
California	No separate registry	CPRA/CCPA apply	Varies

This table reflects publicly available statutory information as of mid-2025. State enforcement positions shift, so verify current rules with counsel for any state where you have real volume.

What does a compliant opt-in for SMS marketing actually look like?

A compliant SMS marketing opt-in has four parts: clear disclosure, specific authorization, voluntary agreement, and a written record. Miss any one and the whole thing wobbles.

Here is web opt-in language that works: "By entering your phone number and clicking Submit, you agree to receive recurring marketing text messages (including promotions and alerts) from [Company Name] at the number you provide. Consent is not a condition of purchase. Message and data rates may apply. Text STOP to cancel."

Look at what that does. It names your company, says "marketing text messages," flags "recurring" if that applies, gives the STOP instruction, and disclaims purchase as a condition. That is the FCC's 2012 standard applied line by line.

For keyword opt-ins (someone texts a keyword to your shortcode), the auto-reply has to confirm what they signed up for, disclose message frequency, tell them STOP cancels, and offer a HELP response. The CTIA Messaging Principles and Best Practices, which carriers use to police shortcode and 10DLC programs, mirror these requirements closely. ^[13]

One thing that burns people: co-registration forms that collect the opt-in for several companies at once. The FCC's one-to-one consent rule means blanket consent given to a marketing partner list will not save you. ^[10] Each company has to be named, or be the sole beneficiary of the opt-in.

To check whether a single number sits on the DNC before your campaign goes out, the LeadCompliant DNC checker at leadcompliant.com runs a real-time lookup against the federal Registry.

How do you handle opt-outs from text messages under TCPA?

Opt-out handling is not a nice-to-have. It is a legal requirement. The FCC and CTIA both require you to honor opt-out requests promptly, and "promptly" means fast enough to stop further messages from going out. ^[5]

For texts, the working standard is simple. Honor a STOP reply (or the common variations: UNSUBSCRIBE, CANCEL, QUIT, END) immediately and automatically. Confirm the opt-out with a single reply text that carries no marketing content.

You cannot charge for opt-outs. You cannot force the consumer to call a number or visit a website to get out of texts. The opt-out has to work through the same channel the message came in on.

Once a number opts out, it goes on your internal suppression list for good. That list runs before every send, on top of the DNC Registry scrub. Two separate lists, both applied every single time.

If someone opts out and later gives fresh written consent to hear from you again, you can re-add them. But proving that fresh consent is your job, and it has to meet the full written consent standard.

Log opt-out timestamps. The first thing a plaintiff's lawyer checks is whether you honored the opt-out and when.

How do the FCC's 2024-2025 rule changes affect SMS marketing?

The FCC has been busy. Three changes matter most for text campaigns.

One-to-one consent. In December 2023 the FCC adopted rules requiring that prior express written consent be obtained one-to-one, naming the specific seller who will contact the consumer rather than a generic industry category. ^[10] The rule ended the model where lead generators collect consent broadly and resell it to multiple buyers.

Lead generator liability. The same order makes companies answerable for consent their lead-gen partners collect. If your vendor used a dark pattern to harvest opt-ins, you share the exposure. ^[10] The FCC and FTC have been coordinating enforcement, so this is not theoretical.

Consent revocation. In 2024 the FCC clarified that consumers can revoke consent for texts at any time through any reasonable means, and revocation has to be honored within a reasonable time, no later than 10 business days after you receive it. ^[6] That tightened prior practice.

All of this means a consent database built in 2022 may not clear the current bar. Relying on older opt-ins? Have your consent flow reviewed against today's FCC rules before you run a new campaign.

For a wider look at the dnc registry and how to access it, that article covers the operational side.

What records do you need to keep to defend a TCPA text claim?

File a TCPA suit over your texts and the defense starts with documents. Courts have sanctioned defendants who could not produce basic compliance records. Here is what to keep.

Consent records: timestamp, the opt-in language shown verbatim, source (URL, app screen, keyword), IP address if digital, phone number as entered, and any confirmation text sent. Hold these at least four years, the TCPA limitations period in most circuits.

DNC scrub records: date the scrub ran, Registry version date used, vendor name if third-party, record count before and after suppression. Tie every scrub log to a campaign.

Campaign records: the message text sent, send timestamp, originating number or shortcode, delivery status per recipient.

Opt-out records: timestamp the opt-out came in, channel (STOP reply, web form, call), suppression confirmation.

The FCC does not set an exact retention period for TCPA documentation, but the four-year limitations period under 28 USC 1658 is the practical floor. Some counsel push for six years because plaintiffs occasionally raise tolling arguments.

Cloud CRM and SMS platforms usually store send records for you. The gap is consent documentation and scrub logs, which you often have to export and archive separately from the sending platform. Build that into the campaign workflow instead of scrambling for it later.

Frequently asked questions

Does registering on the Do Not Call list stop text messages?

Registering on the National DNC Registry should stop marketing texts from covered telemarketers, because the FCC treats a text as a call under the TCPA. It does not stop everything. Informational messages, texts from nonprofits, political texts, and messages from companies that hold your prior express written consent can still reach you legally. For actual spam texts, report them through donotcall.gov.

Can businesses legally text a cell phone number that is on the DNC Registry?

Generally no, not for marketing. A cell number on the DNC Registry gets the same solicitation protection as a residential landline. The exception is prior express written consent: if the consumer specifically agreed in writing to receive marketing texts from your named company, you can text them even if the number is registered. That consent must be documented and must predate the first message.

Do I need to scrub my SMS list against the DNC Registry before texting?

Yes. Telemarketers sending text solicitations must scrub against the National DNC Registry, and the data can be no more than 31 days old at the time of the send to qualify for the FCC safe harbor. The FTC charges $80 per area code per year for access, capped at $21,850 for all area codes (2024 schedule). Third-party vendors can handle scrubbing if you would rather not manage the data yourself.

What is the difference between TCPA consent for texts versus calls?

For calls to cell phones using an autodialer, prior express consent is required. For marketing texts sent via autodialer the standard is higher: prior express written consent, a signed or digitally confirmed agreement that explicitly authorizes marketing texts from your named company. Verbal consent does not clear that bar for marketing texts. Calls to landlines face DNC rules but a lower consent standard when the number is not registered.

What happens if I text someone who has opted out?

Texting someone who sent STOP or an equivalent is a TCPA violation, $500 to $1,500 per message. The FCC requires opt-outs to be honored promptly. Courts have found companies liable for sending even one message after receiving an opt-out. Plaintiff attorneys hunt for this in TCPA cases because it is easy to prove and hard to defend.

Are political text messages exempt from DNC Registry rules?

Generally yes. The TCPA's telephone solicitation definition excludes calls on behalf of political organizations, so DNC Registry rules do not apply to political texts. But if political texts use an autodialer without consent, they can still face TCPA 227(b) liability depending on how the system works. Peer-to-peer texts sent by a human one recipient at a time are less likely to trigger the autodialer rules.

Does the FCC's one-to-one consent rule affect SMS campaigns?

Yes, significantly. The FCC requires TCPA consent to name the specific company sending the texts. Blanket consent collected by a lead generator for a broad industry category no longer satisfies the standard. Companies that bought consent-aggregated leads or leaned on co-registration forms listing multiple sellers need to rebuild their consent collection process.

What is a safe and compliant way to collect SMS opt-ins online?

A compliant web opt-in names your company, describes marketing texts specifically, discloses message frequency, includes a STOP opt-out instruction, states that consent is not a condition of purchase, and is not bundled into terms-of-service acceptance. Record the language shown, the timestamp, the IP address, and the phone number. That documentation is your defense if someone later claims they never opted in.

Can I use a purchased contact list for SMS marketing?

Only if you can verify each number gave prior express written consent specifically to your company under the FCC's one-to-one standard. That is nearly impossible with purchased lists. Buying a list and blasting it is one of the highest-risk moves in TCPA compliance. Scrubbing against the DNC Registry helps but does not solve the consent problem for cell numbers.

How long do I have to honor a text opt-out request?

The FCC clarified in 2024 that consent revocation, including text opt-outs, must be honored within a reasonable time and no later than 10 business days after receipt. In practice, automated STOP processing happens instantly on most SMS platforms. The 10-business-day limit is a ceiling, not a target. Any message sent after the opt-out arrives and before you honor it is a separate TCPA violation.

What records do I need to prove TCPA compliance for text campaigns?

Keep consent documentation (opt-in language, timestamp, IP, phone number), DNC scrub logs (date run, Registry version, record counts), campaign message records (exact text, send time, recipient), and opt-out records (timestamp, channel, suppression confirmation). Hold everything at least four years. Courts have sanctioned defendants who could not produce these records.

Do state do-not-call laws also cover text messages?

Several do. Florida's FTSA, effective 2021 and amended 2023, explicitly covers texts and carries a private right of action for $500 per unsolicited automated text. Texas and Indiana run state DNC lists their agencies have applied to texts. Pennsylvania's state AG treats its telemarketing rules as reaching texts. Check state law for every state where your recipients are located.

What is the maximum fine per text message under the TCPA?

Private plaintiffs can recover $500 per violation, or up to $1,500 if a court finds the violation willful or knowing. The FCC can impose separate civil monetary penalties in its own enforcement actions, adjusted annually for inflation. Class actions multiply individual damages across every recipient, which is why even a short campaign can create eight-figure exposure when consent and DNC scrubbing get skipped.

Sources

1. Cornell Law School LII, 47 USC 227 (TCPA full statute text): TCPA establishes $500 per violation/$1,500 for willful violations and authorizes FCC rules covering telephone solicitations
2. Cornell Law School LII, 47 CFR 64.1200 (FCC telemarketing rules): FCC telemarketing rules treat text messages as calls subject to TCPA solicitation restrictions
3. Cornell Law School LII, 47 USC 227(b) (restrictions on automated calls and texts): TCPA 227(b) requires prior express consent for automated calls and texts to wireless numbers regardless of DNC status
4. Cornell Law School LII, 47 CFR 64.1200 (prior express written consent definition): FCC required prior express written consent for marketing texts via ATDS; eliminated EBR exception for autodialer consent; defined written consent standard
5. FTC, legal library of cases and proceedings: Papa John's settled TCPA text message class action for $16.5 million in 2021
6. FTC, National Do Not Call Registry (donotcall.gov): DNC Registry registration is permanent; Registry maintained by FTC; accessed at donotcall.gov
7. FTC, Business Center guidance on the Telemarketing Sales Rule: FTC charges a per-area-code annual fee for DNC Registry access ($80 per area code, capped at $21,850 for all area codes, 2024 schedule), adjusted for inflation
8. Florida Legislature, Online Sunshine (Florida Telephone Solicitation Act, Section 501.059, Florida Statutes): Florida FTSA covers texts sent via automated systems; $500 per violation private right of action; effective July 1, 2021, amended 2023