Key takeaways
- Replying to someone who just contacted you is treated very differently from sending them marketing.
- Since April 2025, consumers can revoke consent in any reasonable way, and businesses must honor it within 10 business days.
- The FCC ruled in 2024 that AI-generated voices count as 'artificial' voices under the TCPA.
- Business texting from local numbers generally requires 10DLC registration with the carriers.
Texting is one of the best ways to reach customers. Open rates are high, replies are fast, and it's how most people prefer to confirm appointments. It's also one of the most regulated ways to contact people. If you're adding AI follow-up, missed-call text-back or automated reminders, you need to know the basic rules. This guide covers them in plain English.
This is general information, not legal advice. Rules change, and they depend on your industry and state. Use it to ask good questions, and talk to an attorney about your specific setup.
What is the TCPA and why does it matter for AI texting?
The Telephone Consumer Protection Act (TCPA) is the federal law that governs automated calls and texts, and it applies to AI-powered follow-up just like any other automated messaging. Violations can carry statutory damages per message, which is why class-action lawsuits over texting are common.
The TCPA cares about three things:
- What kind of message it is: marketing versus informational, such as an appointment reminder or a reply to a request.
- How it's sent: automated systems, prerecorded messages and artificial voices get stricter treatment.
- What consent you have: whether the person agreed to receive it, and whether they've since told you to stop.
Is replying to a customer different from marketing to them?
Yes. A reply to someone who just contacted you about their own request is treated very differently from a promotional message you send unprompted. This distinction is why missed-call text-back and lead follow-up can usually be set up safely.
Lower-risk messages usually look like:
- A text reply to a customer who just called and couldn't get through.
- A response to a quote request they submitted.
- Appointment confirmations and reminders for a visit they booked.
- Receipts, invoices and job updates.
Higher-risk messages usually look like:
- Promotions, discounts and seasonal offers.
- Reactivation campaigns to past customers.
- Texts to purchased lead lists.
For promotional messages, get clear, documented consent, for example a checkbox on your booking form that explains they'll receive marketing texts, with message frequency and how to opt out.
How do opt-outs work now?
Since April 11, 2025, consumers can revoke consent by any reasonable means, and businesses must honor revocation requests within 10 business days. Words like STOP, QUIT, CANCEL, UNSUBSCRIBE, END and OPT OUT are treated as valid, and so are plain-language requests like "please stop texting me" or "remove me."
That last part matters for AI. Your system needs to recognize a natural-language opt-out, not just the keyword STOP, and immediately stop messaging that person.
The FCC has also been working on a broader rule about whether an opt-out from one type of message applies to all messages from your business. In January 2026 it delayed that requirement to January 31, 2027, and in September 2026 it proposed revising it. Expect more changes, and build your system so honoring an opt-out is automatic and immediate.
Do AI voice calls count under the TCPA?
Yes. In February 2024, the FCC unanimously ruled that calls made with AI-generated voices are 'artificial' voice calls under the TCPA. Outbound AI voice calls need the same consent as prerecorded calls.
Inbound is different. When a customer calls your business and an AI receptionist answers, they called you. That's a normal business conversation, not a robocall. The rules bite when your AI calls people who didn't ask for it.
What is 10DLC registration?
10DLC is the US carrier system for business texting from standard 10-digit local numbers, and it requires you to register your business and how you'll use texting. Unregistered business texts are likely to be filtered or blocked by carriers.
Registration typically includes:
- Your business name, EIN and website.
- Your use case, such as customer care, appointment reminders or marketing.
- Sample messages and how customers opt in.
Most texting platforms walk you through it. Your website should also have a clear privacy policy explaining how you use phone numbers.
What else should every texting program include?
Identify your business, respect quiet hours, keep records of consent, and make opting out easy. A simple checklist:
- Identify yourself in the first message: "Hi, this is Smith Plumbing."
- Respect quiet hours. Avoid sending marketing texts early in the morning or late at night in the customer's time zone. Many businesses stick to roughly 8am to 9pm, and some states set their own limits.
- Keep consent records: when, where and how each person opted in.
- Include opt-out instructions in marketing messages and honor them right away.
- Don't text purchased lists without proper consent.
- Check your state's rules. Several states have their own telemarketing and texting laws that go further than federal law.
- Announce call recording when your state requires every party's consent.
How we handle this at Metron
When we set up lead follow-up, missed-call text-back or review requests, compliance is part of the build, not an afterthought:
- Follow-up is triggered by the customer's own inquiry or booking.
- Opt-outs, including plain-language ones, stop all further messages automatically.
- Marketing messages only go to customers with documented consent.
- Business texting is registered through 10DLC.
- Recording announcements are added where needed.
It's one of the biggest differences between a well-built system and a tool someone set up in an afternoon. If you're not sure your current texting is set up right, book a free AI audit and we'll review it with you. For the bigger picture, read is AI safe for small business data?
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FAQ
Frequently asked questions
Can I text back a customer who called and I missed?
Generally, a one-time text replying to someone who just called you about their request is treated very differently from a marketing message, because the customer started the conversation. Keep it about their inquiry, identify your business, and stop if they ask. If you plan to send ongoing promotional texts, get clear consent first.
What counts as an opt-out?
Under FCC rules effective April 2025, consumers can revoke consent by any reasonable means. Words like STOP, QUIT, CANCEL, UNSUBSCRIBE, END and OPT OUT are treated as valid, and so are plain-language requests such as 'please stop texting me.' Businesses must honor revocation requests within 10 business days.
Do AI voice calls need consent?
Yes. In February 2024 the FCC ruled that calls using AI-generated voices are 'artificial' voice calls under the TCPA, so the same consent rules that apply to prerecorded calls apply to outbound AI voice calls. Answering inbound calls with an AI receptionist is different, because the customer called you.
What is 10DLC and do I need it?
10DLC refers to standard 10-digit local phone numbers used for business texting. US carriers require businesses sending application-to-person texts from these numbers to register their brand and messaging use case. Unregistered traffic is likely to be filtered or blocked.
Is this legal advice?
No. Rules change and depend on your situation, industry and state. Use this guide to ask the right questions, and talk to an attorney about your specific messaging program.