TCPA Text Messages: Texting Rules for Insurance Agents

Does the TCPA Apply to Text Messages?

For most purposes, federal regulators treat a text message the way they treat a phone call. In its December 2023 order on unlawful texts (FCC 23-107, published at 89 FR 5098 on January 26, 2024), the FCC stated that "texts are included in the term 'call'" (para. 26). The FCC's TCPA rule, 47 CFR 64.1200, also names text messages directly in several places. Paragraph (a)(10) on revoking consent covers "calls or text messages," and paragraph (e) applies the Do Not Call rules to "telephone solicitations or telemarketing calls or text messages to wireless telephone numbers."

The statute, 47 U.S.C. 227, uses "call" in its core restrictions and defines "text message" only in its caller ID provisions (227(e)(8)(C)), a gap that has produced litigation. In Steidinger v. Blackstone Medical Services, No. 25-2398 (decided July 14, 2026), the Seventh Circuit held that the private right of action in 227(c)(5), the Do Not Call damages provision, "does not extend to unwanted text messages." The court distinguished 227(b) autodialer cases, noting the two provisions use different language. Other circuits, including the Ninth Circuit in Howard v. Republican National Committee (as cited by the Seventh Circuit), have treated texts as calls in 227(b) cases.

The FCC's rules on texts are on the books, and courts still disagree about who can sue over which texts. Treating every marketing text as a regulated call is the cautious approach; ask counsel how the case law applies where you text.

What Are the TCPA Texting Rules at a Glance?

Rows citing paragraph (e) rely on its statement that paragraphs (c) and (d) apply to texts "to the extent described" in FCC 03-153. Read those rows as a reasonable interpretation, not settled law.

Topic	What the Text Says	Where
Autodialed marketing texts to cell phones	A call that "includes or introduces an advertisement" or is telemarketing, made with an autodialer to a wireless number, needs prior express written consent	47 CFR 64.1200(a)(2) (implementing 47 U.S.C. 227(b)(1)(A)(iii))
Prior express written consent	A written agreement bearing the consumer's signature that authorizes the seller to send ads or telemarketing using an autodialer or artificial/prerecorded voice, and names the number	47 CFR 64.1200(f)(9)
National Do Not Call Registry	Registry protections apply to telemarketing texts to wireless numbers	47 CFR 64.1200(c)(2), (e); FCC 23-107
Internal Do Not Call list	Written policy, training, and honoring requests within ten business days and for five years from the request	47 CFR 64.1200(d)(1)-(6), (e)
Opt-out (revocation)	Honor within a reasonable time not to exceed ten business days	47 CFR 64.1200(a)(10)
Quiet hours	No telephone solicitation before 8 a.m. or after 9 p.m. local time at the called party's location	47 CFR 64.1200(c)(1), (e)
Identifying yourself	Give the caller's name, the entity's name and a contact phone number or address	47 CFR 64.1200(d)(4), (e)

When Do Marketing Texts Need Prior Express Written Consent?

Paragraph (a)(2) bars any call that "includes or introduces an advertisement or constitutes telemarketing" to a cell phone using an autodialer or an artificial or prerecorded voice, unless the consumer gave prior express written consent. Under (f)(9), that consent is a written agreement, bearing the consumer's signature, that clearly authorizes the seller to deliver ads or telemarketing messages this way to a specific number. The consumer must also be told that signing is not a condition of purchase, and electronic signatures count where federal or state law recognizes them.

A text quoting final expense rates is likely an advertisement or telemarketing under (f)(1) and (f)(13). Whether your texting software is an "automatic telephone dialing system" under (f)(2) is a question for counsel. The FCC's 2023 "one-to-one" and "logically and topically" consent limits were vacated in Insurance Marketing Coalition v. FCC, No. 24-10277 (11th Cir. January 24, 2025), and are not in the 2025 edition of (f)(9). For how to document the consent you do collect, see our guide to the TCPA consent audit trail.

How Do Do Not Call Rules Apply to Texts?

FCC 23-107 added "or text messages" to paragraph (e), effective March 26, 2024, to codify that Registry protections extend to texts. Under (c)(2), numbers on the Registry are protected from telephone solicitations unless an exception applies, such as the consumer's prior express invitation or permission. Separately, (f)(15) excludes established business relationships from the definition of "telephone solicitation."

The safe harbor in (c)(2)(i) asks you to show written procedures, staff training, a list of numbers the seller may not contact, use of a Registry version obtained no more than 31 days before the call, and "records documenting this process." Paragraph (d) adds an internal Do Not Call list. You need a written policy available on demand, trained staff, and requests honored within ten business days and for five years from the time the request is made. More detail is in our article on Do Not Call violations.

How Must You Handle Text Opt-Outs and STOP Replies?

Revocation under (a)(10) covers consent for calls and texts under (a)(1) through (a)(3), and Registry-number solicitations under (c)(2). Either way, a revocation must be honored "within a reasonable time not to exceed ten business days from receipt." The rules change on November 25, 2026.

Until November 25, 2026. The 2025 CFR text lets consumers revoke "in any reasonable manner." A reply of "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe" is a reasonable means per se. Other wording counts if a reasonable person would understand it as a revocation. Senders "may not designate an exclusive means" of revoking. Texts that cannot accept replies must say so and give another way to opt out.

From November 25, 2026. FCC 26-67 (91 FR 67214, published October 26, 2026) lets a caller designate exclusive revocation methods. The allowed methods are an automated voice or key-press opt-out, a reply using the standardized text words, or a designated website or phone number, clearly and conspicuously disclosed. A caller that designates no exclusive method must still accept revocations made by any reasonable means. According to the FCC's Federal Register summary, a text can meet the disclosure condition by including one standardized word, but the sender must still honor all seven words. A revocation sent in response to an advertising or telemarketing call or text revokes consent to all future advertising and telemarketing calls and texts from that caller.

Under (a)(12), one non-marketing confirmation text is allowed after an opt-out; one sent within five minutes is presumed to fall within prior consent.

Do Quiet Hours and Identification Rules Apply to Texts?

Paragraph (c)(1) bars telephone solicitations to a residential subscriber "before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)." The definition of "telephone solicitation" in (f)(15) covers "a telephone call or message." Paragraph (e) applies paragraph (c) to telemarketing texts to wireless numbers to the extent described in FCC 03-153. A plain reading suggests the calling-hours limit reaches marketing texts. Treat the 8 a.m.-9 p.m. window as a working rule and confirm it with counsel.

Paragraph (d)(4) requires anyone making a telemarketing call to give the caller's name, the name of the person or entity the call is made for, and a phone number or address where they can be reached. Through (e), the same expectation reasonably extends to marketing texts.

What Damages Can Consumers Seek Over Texts?

The TCPA has two private-suit provisions, and they read differently:

47 U.S.C. 227(b)(3) (autodialer and prerecorded-voice rules): actual monetary loss or $500 in damages for each violation, whichever is greater. A court may increase the award to up to three times that amount if the violation was willful or knowing.
47 U.S.C. 227(c)(5) (Do Not Call rules): available to a person who received more than one call within 12 months from or for the same entity. Damages are actual monetary loss or "up to $500" for each violation, whichever is greater, with up to treble damages for willful or knowing violations. The statute provides an affirmative defense for reasonable practices and procedures established and implemented with due care.

As noted above, the Seventh Circuit held that 227(c)(5) does not reach texts, while other courts read "call" more broadly.

What Should an SMS Compliance Checklist Include?

This checklist follows the federal rules cited above. State laws can add requirements; see our overview of state mini-TCPA laws.

Classify each text template as marketing (advertisement or telemarketing) or informational.
To be cautious, for marketing texts sent with automated software, confirm signed prior express written consent naming your agency (the seller) and the number; (a)(2) is triggered by an (f)(2) autodialer or artificial or prerecorded voice.
Store each consent record with its disclosure language, timestamp and number.
Scrub marketing texts against the National Do Not Call Registry using data no more than 31 days old, unless a documented exception applies.
Check every send against your internal Do Not Call list. Honor requests within ten business days and for five years from the request.
Recognize all seven standardized reply words and other clear opt-out wording. Stop marketing texts within ten business days at most.
Before November 25, 2026, do not limit how consumers may opt out. After that date, if you designate exclusive methods, disclose them clearly and conspicuously in each text.
Send no more than one non-marketing confirmation after an opt-out, ideally within five minutes.
Schedule marketing texts between 8 a.m. and 9 p.m. in the recipient's local time.
Identify yourself and your agency, with a contact number or address, in marketing texts.

Where Do Inbound Calls Fit?

This article covers outbound texting. Agents who prefer consumer-initiated calls can read how CallX works with agents.

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Frequently Asked Questions

Are Text Messages Considered Calls Under the TCPA?

The FCC says yes: its 2023 text order states that "texts are included in the term 'call.'" Courts are split on some provisions. The Seventh Circuit held in July 2026 that the Do Not Call private right of action in 227(c)(5) does not cover texts, while other circuits have treated texts as calls under 227(b).

What Are the Text Message Marketing Laws for Insurance Agents?

Federally, the main source is the FCC's TCPA rule, 47 CFR 64.1200, covering consent, Do Not Call, opt-outs, calling hours and identification. State laws can add more.

Can I Text a Lead Who Is on the Do Not Call Registry?

Not for telemarketing unless an exception applies, such as the consumer's prior express invitation or permission. FCC Registry protections for texts took effect March 26, 2024.

Do I Have to Honor "Stop" Within a Set Time?

Yes. Revocations must be honored within a reasonable time not to exceed ten business days from receipt.

Do TCPA Text Message Rules Require Me to Record Calls?

None of the federal rules cited in this article requires recording final expense calls. The rules do require recording Do Not Call requests, the Registry safe harbor relies on records of your scrubbing process, and written consent must be a signed agreement you can produce.

This article is general education, not legal advice. It summarizes federal regulations as published in the govinfo CFR 2025 edition, Federal Register documents, the U.S. Code and federal appellate opinions available in November 2026. State laws can add requirements, and courts disagree on how the TCPA applies to texts. Confirm your texting practices with counsel or your compliance team.

TCPA Text Messages: The Texting Rules Insurance Agents Need to Know