Texting rules by state: why the strictest one is the one to follow

On top of the federal TCPA, several states have their own telephone solicitation laws, often called mini-TCPAs, with narrower calling windows and limits on how many times a day a business may try the same person. Florida's law, for example, restricts telephonic sales calls and texts to 8am to 8pm, and Oklahoma and Maryland have passed similar laws. If you text customers in more than one state, the practical approach is to set your rules to the strictest state you reach. This is a summary, not legal advice.

Why state law matters to a small business

The federal rules set a floor. States can go further, and the state that counts is usually the recipient's, not yours. A salon in Georgia texting a customer who lives in Florida may be subject to Florida's rules for anything that counts as solicitation.

What state laws tend to add

• A shorter window. 8am to 8pm instead of the federal 8am to 9pm.
• Limits on attempts. A cap on how many times the same person can be contacted about the same subject in a day.
• Broader definitions. What counts as an automated system, or as a solicitation, may be wider than federal law.
• A private right of action. Customers can sue directly, which is why these laws generate litigation.

These laws are mostly aimed at marketing. Replies to a customer's own message, and reminders about an appointment they booked, are generally treated differently, but the definitions vary. Check the current text of each law that applies to you.

The strictest-wins setup

1. Quiet hours set to the narrowest window among the states you text into. If one of them is 8pm, use 8pm everywhere.
2. A frequency cap at or below the lowest state limit.
3. Marketing only with written consent, recorded with the wording, date and source.
4. STOP honoured instantly and across every conversation with that number.
5. The recipient's timezone used for the window, not yours.

It is simpler to run one strict rule than to track state by state, and customers rarely complain about a text that did not arrive at 8:30pm.

When to get advice

If you send marketing, if you text into many states, or if you use purchased or lead-generated contact lists, have counsel review your setup. The rules change, and litigation in this area is common.

Frequently asked questions

Do these laws apply to appointment reminders?

They are mostly written for solicitation. Reminders about a booked appointment are generally treated as informational. Send them at sensible hours anyway, and confirm with counsel for your states.

Which timezone counts?

Usually the recipient's. Use the area code as a default and a known address when you have one.

Is 8am to 8pm safe everywhere?

It matches the strictest windows commonly cited, but read the current law for each state you text into.

What Frontiva does here

Frontiva's quiet hours are a per-business window, 9pm to 8am by default, that can only ever move a reminder later, and a per-contact frequency cap applies to every send. Replies to someone who just wrote in are not held. Marketing sends are refused entirely today. The automations page describes the single send check. See TCPA consent explained.