Last updated 2026-07-10
TL;DR
The national Do Not Call registry was built for voice calls, but the FTC treats unsolicited commercial texts as covered telemarketing. The TCPA separately requires prior express written consent before you send marketing texts to a cell phone. Text a registered number with no consent and you risk $500 to $1,500 per message in TCPA damages. Both rules apply. You have to satisfy both.
Does the national Do Not Call registry apply to text messages?
Yes, with a few things you need to understand.
The national Do Not Call registry came out of the Telephone Consumer Protection Act (47 U.S.C. 227) and the FTC's Telemarketing Sales Rule (16 C.F.R. Part 310). When Congress passed the Do-Not-Call Implementation Act in 2003 and the FTC opened the registry, the target was voice telemarketing to residential lines. Texting barely existed as a commercial activity then.
The FTC's position has caught up. Its amended TSR and later guidance treat text messages sent to wireless numbers as covered calls when they are commercial in nature. [1] The FTC's own consumer FAQ tells people flatly that commercial text messages to registered numbers break the DNC rules.
The FCC got to the same place by a different road. Under the TCPA, the FCC reads an autodialed or prerecorded call to include a text sent to a cell phone. Its 2003 declaratory ruling confirmed that SMS messages to wireless numbers count as calls under 47 U.S.C. 227(b). [2] So the registry, the TCPA, and the TSR all land on the same practical result: sending unsolicited marketing texts to people who have registered is a legal problem.
Here's the upshot for outbound teams. You cannot treat SMS as a DNC-free channel. If a number is on the registry and you have no established business relationship or written consent, don't send it commercial texts.
What does 47 U.S.C. 227 actually say about text messages?
The statute never uses the word "text." It says it is unlawful to "make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice" to any number assigned to a cellular telephone service. [3]
"Make any call" is the phrase that pulls SMS in. Courts and the FCC have read "call" to include text messages because a text is an electronic transmission to a telephone number, and the statute covers contact with a number broadly. The Ninth Circuit in Satterfield v. Simon & Schuster (2009) held that a text message is a "call" under the TCPA. [11] Multiple circuits have followed.
The autodialer definition is where the fight has been. The Supreme Court's Facebook v. Duguid decision (2021) narrowed what counts as an automatic telephone dialing system, requiring that a system store or produce numbers "using a random or sequential number generator." [4] That narrowing matters for some bulk SMS platforms. It does not erase liability. If you blast texts from a platform that pulls numbers off a stored list and fires them without human intervention on each one, whether it qualifies as an autodialer turns on your platform's technical guts, and plenty of platforms still meet the post-Duguid test under some readings.
And here's the part people miss. Even if your platform dodges the autodialer definition, the DNC violation is a separate hook. TSR and FTC Act claims don't touch the autodialer question at all.
How do the DNC registry and TCPA consent rules interact for SMS?
People treat these as one rule. They aren't.
The DNC registry is a list of numbers people signed up to stop telemarketing. Calling or texting those numbers without an exemption is an FTC and FCC enforcement issue, and it carries a private right of action.
The TCPA consent requirement sits apart from that. Even if a number is not on the registry, you still need prior express written consent before you send a marketing text to a cell phone. That consent has to be in writing (electronic counts), has to clearly authorize texts from your company, and has to include the phone number the person agreed to be contacted at. [5]
The two requirements stack. To legally text a marketing message to a cell phone you need both: prior express written consent, and either a clean number off the DNC registry or an exemption like an established business relationship. Consent fixes the TCPA side. It does not automatically fix the DNC side if you can't document an EBR or another exemption. In practice, a proper written consent that meets the FCC's 2012 rules usually documents enough of a relationship to cover the DNC analysis too, but the underlying legal bases are different, and a plaintiff's lawyer will attack each one separately.
For how cell numbers specifically interact with the registry, see mobile phone do not call list.
What are the penalties for texting a number on the DNC registry?
The TCPA sets statutory damages at $500 per violation, per call or text. If a court finds the violation was willful or knowing, that triples to $1,500. [3] There is no cap on class action damages. That's why these suits are everywhere. One blast to 10,000 numbers with no consent runs to $15 million in exposure on the treble-damages theory.
The FTC can bring civil penalty actions under the Telemarketing Sales Rule on top of that. TSR civil penalties are adjusted for inflation each year and run into five figures per violation. Check the current number at the FTC's civil penalty adjustments page before you rely on a figure, because it moves. [6]
FCC enforcement is a third channel. The FCC issues forfeiture orders and has done so for large texting campaigns. State attorneys general have independent enforcement authority in many states.
The private right of action drives most of the litigation. Plaintiffs don't have to prove actual damages. The $500 or $1,500 statutory figure is the whole ballgame. Class actions are the real financial threat for anyone running volume SMS. A single named plaintiff with good counsel can represent everyone who got a similar text from your company, and the settlement pressure at that scale is brutal even when the merits are shaky.
To see how violations get reported and what the complaint process looks like, read do not call list report.
What exemptions let you text someone on the DNC list?
Real exemptions exist. Knowing where they end matters as much as knowing where they start.
Established Business Relationship (EBR). If a consumer made a purchase, payment, or inquiry within the prior 18 months, or applied for a product or service within the prior 3 months, an EBR exists and the seller may contact them even if they're on the registry. [1] The window is 18 months from the last transaction, or 3 months from the last inquiry, whichever fits. The consumer can revoke it any time by asking to go on your internal do-not-call list.
Prior Express Written Consent. If the consumer signed written consent that specifically authorizes your company to text them, you can text even if they're registered. This is the cleaner exemption for most B2C outbound SMS teams because it's easier to document than an EBR.
Exempted categories. Calls and texts from or on behalf of tax-exempt nonprofits sit outside the TSR. Political messaging is also outside the FTC's TSR (though not outside all TCPA provisions). Purely informational messages with no commercial pitch may fall outside the rules, but courts pick apart "informational" labels hard when there's any sales element hiding in the message.
Business-to-business contacts. The TSR's do-not-call provisions apply to residential numbers. Text a business line in a true B2B context and the DNC analysis changes. But if the number is a cell phone an individual uses personally, the B2B carve-out doesn't cleanly apply.
None of this is legal advice. The exemption analysis goes fact-specific fast, and the cost of getting it wrong is high enough that you should have counsel review your program if you have any doubt.
How do you check whether a number is on the DNC registry before texting?
Telemarketers reach the registry through the FTC's official portal at donotcall.gov. Any organization making more than a minimal number of telemarketing contacts has to subscribe and pay to download area-code-specific data. [7]
As of the current fee schedule, registry data costs $70 per area code per year, with a maximum annual fee of $19,817 for access to every area code nationwide. The first five area codes are free. These figures come from the FTC's published fee schedule and change from time to time, so verify current pricing at donotcall.gov before you budget. [7]
The process for SMS teams matches the voice process. You download the registry data (or connect through the system's access API), run your contact list against it before each send, and suppress every match. The registry updates continuously, and the FTC requires you to scrub against a version no older than 31 days before a campaign.
For a walkthrough of the access and download steps, see how do I get the do not call list.
Most compliance teams run a mix of direct FTC access and a third-party scrubbing vendor that automates suppression. The vendor route saves time. It does not transfer legal liability. If the vendor misses a match and you send, you're the one in the lawsuit.
LeadCompliant's free DNC checker lets you verify individual numbers against the registry before you add them to a campaign. It's not a substitute for a full list scrub. It's good for spot-checking.
Does registering a cell phone on the DNC list stop all texts?
No. This trips up a lot of consumers and some marketers.
The registry stops commercial telemarketing texts from companies you have no relationship with. It does not stop texts from companies you've done business with recently (the EBR exemption applies), texts from political organizations, texts from charities, texts you explicitly opted into, package tracking updates, or bank and fraud alerts (those are informational). It also does nothing against a company that already holds your prior express written consent.
So a consumer who registers expects fewer marketing texts, and for compliant companies it does cut them down. The registry is not a universal off switch for text contact, though. To stop texts from a specific company you already deal with, a consumer replies STOP to that company's messages or asks to go on its internal do-not-call list.
For consumers wondering what the registry covers for their number, donotcall.gov has a verification tool. See also do not call list number for how registration works from the consumer's side.
What is the FCC's 2024 one-to-one consent rule and how does it affect SMS?
In December 2023 the FCC adopted a rule, effective January 27, 2025, requiring that consent for telemarketing calls and texts be given on a one-to-one basis. [8] Before it, a consumer could check one box on a lead-gen form and accidentally consent to contact from dozens of unrelated companies that bought the lead. That practice, the so-called "lead generator loophole," is now closed.
Under the rule, consent goes to each company separately, and it has to be logically and topically related to the website or app where it's collected. A single checkbox reading "I agree to be contacted by our partners" no longer meets the prior express written consent standard for any of those partners. [8]
This is a big deal for SMS. Plenty of outbound teams in insurance, mortgage, and home services built their pipelines on purchased leads where consent was bundled across many sellers. Those leads are now presumptively non-compliant for TCPA purposes unless the lead was consented to your company by name.
Here's what it means day to day. If you buy leads from a lead generator, review exactly what the consent language on the originating form said, whether it named your company, and whether the generator has updated its forms to comply. This is the difference between a usable list and a liability list.
Do state DNC laws add requirements beyond the federal registry for SMS?
Several states run their own do-not-call lists with rules that go past the federal registry. [9] For SMS the question is whether the state's telemarketing statute covers texts and whether it adds consent or disclosure requirements.
Florida stands out. The Florida Telephone Solicitation Act, amended in 2021 by SB 1120, requires prior express written consent for any automated call or text to a Florida resident, whether or not the number is on the DNC registry. [12] Florida courts have let private plaintiffs run with this, and Florida-specific litigation against texting companies has climbed sharply since 2021. See Florida do not call list for specifics.
Other states with their own lists or telemarketing statutes that can touch SMS include Indiana, Pennsylvania, and Texas. The standards differ. Some states tie their list to the federal data. Others keep independent lists.
The principle is simple. You comply with both federal and state law, and state law can only be more restrictive than federal law, never less. If a state demands written consent for a category of text that federal rules would allow under an EBR, follow the state rule for contacts there.
For state detail, see Indiana do not call list and do not call list pa.
What records do you need to defend a DNC or TCPA SMS claim?
Documentation is the defense. If a plaintiff says you texted them without consent or while they were registered, the burden shifts to you to show a legal basis.
For every marketing SMS campaign, keep: the full list of numbers contacted with timestamps, the scrub records showing when you scrubbed and which registry version you used, the consent record for each number (form URL, IP address, timestamp, and the exact consent language the person saw), your internal do-not-call list with opt-out records, and the message content itself.
The FCC's rules require telemarketers to hold DNC records for at least five years. [2] The private-claim statute of limitations under the general federal catch-all is four years (28 U.S.C. 1658), though circuits vary a little on how they count it. Five years is a sensible floor for everything.
When someone replies STOP, honor that opt-out within one business day and add the number to your suppression list permanently, or until the person re-consents. Use a platform that processes STOP replies and suppresses automatically. Still audit the suppression regularly. Platform bugs happen, and a missed STOP is one of the easiest violations for a plaintiff to prove.
For a broader look at building a defensible process, including list management and consent records, tools like those at LeadCompliant handle pre-campaign checks. The do not call telemarketer list article covers internal list obligations in more depth.
Which SMS campaigns violate DNC rules, and what should you do instead?
A handful of patterns show up over and over in TCPA text litigation.
Purchased list blasts. A company buys a list, skips the DNC scrub, and fires off a promo text. No consent, because the company never collected those numbers directly. This is probably the most common SMS violation and the easiest to avoid. Scrub the list, and don't buy lists where the consent documentation is murky.
Lead-gen forms with vague consent language. The form says "I agree to receive communications from our network of partners." After January 2025 that fails the one-to-one rule. The fix: name your company in the consent disclosure.
Re-engagement to cold databases. A company has old contacts, some years stale, and sends a "we miss you" text. If the EBR window has closed (more than 18 months since the last transaction) and there's no documented consent, don't text them. Segment the database and suppress contacts whose EBR expired and who have no consent record.
Affiliate or partner leads. A business gets leads from an affiliate and texts them right away. The affiliate's form may have named dozens of companies. After January 2025 that doesn't create valid consent for your company. Audit your lead sources.
The thread through all of it is the same. The company texted first and hoped for permission instead of confirming permission before texting. That worked as a gray area before enforcement got heavy. Class action exposure and the 2024 rule changes have made it a bad bet.
Frequently asked questions
Does putting my cell phone on the national DNC registry stop spam texts?
Registering stops commercial telemarketing texts from companies you have no prior relationship with that actually follow the rules. It does not stop texts from companies you've recently done business with, political organizations, charities, or anyone you've given written consent to. It also does nothing against illegal spam from bad actors who ignore the registry. Registration is free at donotcall.gov.
Can a company text me if I am on the DNC list but I gave them my number?
Yes, under two conditions. If you gave them your number during a transaction or inquiry within the last 18 months, an established business relationship exemption applies. If you gave it through a written consent form that specifically authorized texts, that consent overrides the DNC registration. Either way, the company has to be able to document the exemption if challenged.
How much does it cost to access the national DNC registry for scrubbing SMS lists?
The FTC charges $70 per area code per year, with the first five area codes free. The maximum annual fee for all U.S. area codes is $19,817. Fees are paid through donotcall.gov and renew annually. Your data has to be refreshed against a registry version no older than 31 days before each campaign send to stay compliant.
What is the penalty for texting someone on the DNC list?
Under the TCPA, each text to a registered number without a valid exemption or consent can trigger $500 in statutory damages. If the court finds the violation was willful, that rises to $1,500 per text. There is no cap in class actions, so a single campaign to tens of thousands of numbers can create millions in exposure. The FTC can also pursue civil penalties under the TSR.
Does the TCPA require consent even for numbers not on the DNC registry?
Yes. The DNC analysis and the TCPA consent requirement are separate. Even if a wireless number is not registered, you still need prior express written consent before sending marketing texts to it under 47 U.S.C. 227(b). The two obligations stack: you need valid consent, and the number must not be on the DNC list, or an exemption must apply.
Does the FCC's 2024 one-to-one consent rule affect my existing contact database?
It depends on how you collected the consent. Contacts who consented through a lead-gen form that named multiple companies, without naming yours specifically, are now presumptively non-compliant under the rule effective January 27, 2025. Contacts who gave consent directly to your company on your own form are likely still valid. Audit your database by consent source.
Is transactional or informational SMS subject to the DNC registry rules?
Purely transactional or informational messages (order confirmations, fraud alerts, appointment reminders with no upsell) are generally not covered by the DNC registry because they aren't telemarketing. But if any part of the message promotes a product or service, courts and the FTC can call it mixed-purpose and apply telemarketing rules. Keep informational messages clean of promotional content.
What counts as prior express written consent for SMS under the TCPA?
Under the FCC's 2012 rules, prior express written consent for marketing texts is a signed written agreement (electronic signatures count) that clearly authorizes texts from a specific company, includes the phone number being consented to, and discloses that consent is not a condition of purchase. The 2024 one-to-one rule added that the consent has to be specific to one company, not a pool.
How does the STOP reply work and what are the legal obligations?
When a consumer replies STOP to a marketing text, the sender must honor that opt-out within one business day and add the number to its internal do-not-call list permanently unless the consumer re-opts in. The FCC's rules require this. Failing to honor a STOP is an independent TCPA violation, separate from any initial consent issue, and it's one of the easier violations for plaintiffs to document.
Do B2B text messages have to comply with the DNC registry?
The FTC's TSR do-not-call provisions focus on residential consumers. Texts to businesses in a true B2B context are generally outside the TSR's DNC scope. But if you're texting cell phones that belong to individuals who also use them personally, the line blurs fast. The TCPA's wireless consent requirements attach to the number more than to its primary use. Many compliance attorneys treat any cell phone as needing consent regardless of B2B context.
Are political text messages exempt from the DNC registry?
Political messages are exempt from the FTC's Telemarketing Sales Rule DNC provisions because the TSR covers commercial telemarketing. But the TCPA's separate consent requirement for texts to wireless numbers still applies to political texts sent via autodialer. Political campaigns still need express consent before sending mass texts to cell phones under the TCPA, even though the DNC registry itself does not cover them.
How often do I need to re-scrub my SMS list against the DNC registry?
The FTC requires your list to be scrubbed against a registry version no older than 31 days before a campaign send. If you run SMS campaigns often, download fresh registry data monthly and re-scrub before each one. Numbers get added continuously. A number that was clean three months ago may be registered now, and the 31-day rule is the outer limit, not the goal.
What states have their own DNC lists that affect SMS beyond the federal registry?
Florida, Indiana, Pennsylvania, Texas, and Wyoming are among the states that keep their own DNC lists or telemarketing statutes with requirements beyond the federal registry. Florida's 2021 FTSA amendment is the most aggressive, requiring prior express written consent for any automated texts to Florida residents regardless of DNC status. Always check state law for wherever your contacts are located.
Sources
- FTC, Telemarketing Sales Rule 16 C.F.R. Part 310: FTC's TSR treats text messages to registered numbers as covered telemarketing and defines the 18-month established business relationship exemption
- U.S. House Office of the Law Revision Counsel, 47 U.S.C. 227: Statutory text of the TCPA: $500/$1,500 per-violation damages and prohibition on autodialed calls to cellular numbers without consent
- Supreme Court of the United States, Facebook Inc. v. Duguid, No. 19-511 (2021): Supreme Court narrowed the autodialer definition to require random or sequential number generation, affecting which SMS platforms qualify as autodialers
- FCC, Telephone Consumer Protection Act rules, 47 C.F.R. 64.1200: FCC's 2012 rules require prior express written consent including the phone number and a disclosure that consent is not a condition of purchase for marketing texts
- FTC, Civil Penalty Adjustments: FTC civil penalties for TSR violations are adjusted periodically for inflation and run into five figures per violation; verify the current figure
- FTC, National Do Not Call Registry: Registry access costs $70 per area code per year; first five area codes free; maximum annual fee $19,817 for all area codes; data must be no older than 31 days before a campaign
- National Conference of State Legislatures, State Telemarketing Laws: Multiple states including Florida, Indiana, Pennsylvania, and Texas maintain DNC lists or telemarketing statutes that impose requirements beyond the federal registry
- FTC, National Do Not Call Registry Data Book: The national DNC registry held more than 249 million active registrations as of FY 2023
- U.S. Court of Appeals 9th Circuit, Satterfield v. Simon & Schuster Inc., 569 F.3d 946 (2009): Ninth Circuit held that an SMS text message constitutes a call under the TCPA
- Florida Legislature, Florida Telephone Solicitation Act, Fla. Stat. Section 501.059: Florida's 2021 FTSA amendment requires prior express written consent for any automated text to a Florida resident, independent of DNC registry status