Texting Supporters: Consent, Opt-Outs and 10DLC Registration

1. How you send decides whether you need consent

The FCC's guide says its rules ban text messages sent to a mobile phone using an autodialer unless the owner gave consent first or the message is for an emergency. These rules apply even if the number is not on the National Do Not Call Registry.

For political messages, the FCC states the line directly: autodialed political texts need consent, and manually sent texts do not. Commercial texts require written consent. For informational texts, consent may be oral.

Whether your texting tool counts as an autodialer depends on how it works. Ask counsel before you rely on the manual-send rule.

Sources: FCC, Stop Unwanted Robocalls and Texts (consumer guide)

2. Collect consent where people sign up

The simplest way to stay inside the rules is to ask. Add a clear line to sign-up forms, petitions and event registrations saying supporters may get texts from you, and keep the date and source of each sign-up.

Keep consent records with the contact, not in a separate spreadsheet. When someone asks how you got their number, you should be able to answer in one look.

Sources: FCC, Stop Unwanted Robocalls and Texts (consumer guide)

3. Honor opt-outs in any form

The FCC says you may opt out of any robocall or robotext at any time and in any reasonable manner, even if you consented earlier. That means a reply like "stop texting me" or "remove me" counts, not only a keyword.

Treat any clear request as an opt-out, record it on the contact, and keep the number out of every later send. Train volunteers who answer replies to do the same.

Sources: FCC, Stop Unwanted Robocalls and Texts (consumer guide)

4. Register for 10DLC before you send

The Campaign Registry describes 10DLC as an application-to-person (A2P) messaging channel in which brands and campaign service providers are verified before they are allowed to send messages. The registry serves as the backbone of that system.

An organization that wants to text is the brand. The Campaign Registry says brands cannot register directly. A messaging provider registers the brand and its texting campaign on the brand's behalf. Messages can go out soon after the registry user gives its connectivity partner a Campaign ID.

Registration ties the sender and the content together, so carriers know both who is texting and what kind of messages to expect. Plan for it before a deadline, not on the day of a vote.

Sources: The Campaign Registry, The 10DLC ecosystem

5. If you also call

The FCC allows political robocalls to landlines without prior consent. Calls to cell phones need prior permission unless they are dialed manually. Prerecorded or artificial voice calls must start with the caller's name, phone number and, when calling for someone else, the organization they represent.

The guide also notes that AI-generated voice calls are illegal unless the person agreed to receive them or the caller is exempt.

Sources: FCC, Stop Unwanted Robocalls and Texts (consumer guide)

Before the first send

Confirm how your tool sends, that every number has a consent record or a reason it does not need one, that opt-outs are recorded on the contact, and that your 10DLC registration is approved.