Can you share text messages without consent?
Key Facts
- TCPA violations for promotional texts without written consent can cost $500–$1,500 per message according to Text-Em-All compliance research.
- Having a customer's phone number from a past transaction does not grant consent to send marketing texts per TCPA consent requirements.
- Third-party contact lists carry no valid consent — only people who opted in specifically to your business can be texted warns Text-Em-All compliance guidance.
- SMS opt-in must be a separate, unchecked-by-default checkbox — pre-checked boxes are non-compliant under GDPR and risky under TCPA per consent collection best practices.
- Federal law requires promotional texts only between 8 a.m.–9 p.m. local time, with opt-outs processed within 10 business days per Business.com TCPA summary.
- Texas SB 140 (effective September 1, 2025) expands telemarketing rules to promotional texting, applying even to out-of-state businesses per Business.com state law analysis.
- Consent records should be documented, timestamped, and retained for at least four years as a primary defense against disputes recommends Text-Em-All compliance guidance.
The Consent Line You Can't Afford to Cross
Sharing text messages without consent isn't a gray area — it's a compliance line that carries real financial risk. The TCPA requires prior express written consent before sending automated marketing texts, and violations can cost $500 to $1,500 per message. Existing relationships don't count. Third-party lists don't transfer. And opt-outs must be honored immediately. State laws like Texas SB 140 and Florida's 15-day opt-out rule only tighten the screws. The practical takeaway: every text your business sends needs documented, affirmative consent collected at the point of capture — unbundled from terms of service, timestamped, and retained for at least four years. CallMyLeads builds this into the booking flow so consent is captured before the first message goes out, opt-outs are processed automatically, and every lead source stays compliant from form fill to booked appointment. If your current lead response system can't show you the consent record for every text sent, that's a liability waiting to happen. Book a 15-minute scoping call and we'll walk through how to close that gap.