Political Texting Laws & Compliance Guide 2026

Are Political Text Messages Legal?

Campaigns at every level, from city council to Congress, text voters as part of their outreach. Texting is allowed, but it is regulated. The FCC's consumer guide on political campaign robocalls and robotexts says campaign calls and texts have to follow specific TCPA rules, and the rules that apply depend on how the messages are sent. That matters for any political texting program.

Several layers apply at once: federal law (the TCPA), FCC rules and rulings, wireless industry guidelines and carrier requirements, and in some cases state law. Breaking these rules can lead to private lawsuits, FCC enforcement, and carrier message blocking.

This guide summarizes the main rules that affect campaign text messages in 2026: the Telephone Consumer Protection Act (TCPA), FCC guidance and rulings, 10DLC and Campaign Verify requirements, opt-out practices, and a few state laws. It is a starting point for candidates, campaign managers, consultants, and party committees, not a complete list of every rule.

The TCPA and Political Campaigns

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, enacted in 1991, is the main federal law that applies to political calls and text messages. It was written with robocalls in mind, and the FCC's consumer guide explains that its rules for autodialed calls also cover texts sent to mobile phones.

The FCC's guide states the core rule for campaigns: "Political text messages sent to a mobile phone using an autodialer require the called party's prior express consent." The same guide says "Messages sent manually can be sent without prior consent." Which side of that line a given texting setup falls on is the key question.

How the TCPA Applies to Political Texting

According to the FCC's consumer guide, here is how the TCPA's rules break down for campaigns:

• Autodialed texts: The FCC says political texts sent to a mobile phone using an autodialer require the recipient's prior express consent. Autodialed or prerecorded calls to cell phones are also prohibited without prior express consent.
• Manually sent texts: The FCC's guide says messages sent manually can be sent without prior consent. Peer-to-peer (P2P) texting, where a person sends each message, is built around this. Whether a particular platform counts as manual depends on how it actually works (see below).
• Landlines: The FCC says autodialed or prerecorded political calls to landlines are permitted without consent, limited to three calls in any 30 consecutive days to residential landlines without consent.

What Counts as an ATDS?

The definition of "automatic telephone dialing system" (ATDS, or autodialer) has been heavily litigated. In Facebook, Inc. v. Duguid, decided April 1, 2021, the Supreme Court held that a necessary feature of an autodialer under the TCPA is the capacity to use a random or sequential number generator to either store or produce phone numbers to be called.

Courts and the FCC have narrowed what counts as an autodialer, but how a specific platform works still matters, and some state laws define automated systems differently. Ask your counsel to review the platform you plan to use.

FCC Regulations for Campaign Texting

The Federal Communications Commission (FCC) writes the rules that implement the TCPA, issues rulings on how it applies, and can bring enforcement actions. These are the FCC points most relevant to campaign texting:

Key FCC Guidance for Campaigns

• Autodialed vs. manual texts: The FCC's consumer guide says autodialed political texts to mobile phones require prior express consent and manually sent messages do not. In its 2020 P2P Alliance ruling (DA 20-670), the FCC's Consumer and Governmental Affairs Bureau said a platform that cannot send a text without a person actively and affirmatively dialing each one manually is not an autodialer, and that sending to a large number of recipients does not by itself make it one. The Bureau did not rule on whether any particular P2P platform is an autodialer.
• Revoking consent: The FCC's guide says consent can be revoked in any reasonable manner, for example by replying STOP, and that campaigns should honor opt-out requests.
• Do Not Call Registry: The FCC says the National Do Not Call Registry rules don't apply to campaign calls and texts, but the TCPA's other rules do, and opt-out requests should still be honored.
• Identifying the caller: For prerecorded messages, the FCC says the message must state the identity of the caller at the beginning and give the calling party's phone number during or after the message. For texts, clearly naming the campaign or organization is a common practice and helps recipients recognize who is messaging them.
• AI-generated voices: In a 2024 declaratory ruling, the FCC said AI-generated voices are "artificial" under the TCPA, so the TCPA's rules for artificial or prerecorded voice calls apply to them.

Consent Types: Express vs. Implied for Political Texting

Consent is central to political texting compliance. FCC rules use different levels of consent, and which one applies depends on how you send messages and what they contain. The table below is a simplified summary; your counsel should confirm which applies to your program.

Consent Type	Definition	Required For
Prior Express Written Consent	A signed written agreement (electronic signatures can count) that authorizes advertisements or telemarketing messages using an autodialer or prerecorded voice, with the required disclosures (47 C.F.R. § 64.1200).	Autodialed or prerecorded telemarketing or advertising messages to wireless numbers. FCC rules define telemarketing as encouraging the purchase or rental of, or investment in, property, goods, or services. Ask counsel how this applies to your messages.
Prior Express Consent	Permission from the recipient to be contacted at that number. Whether giving a number on a form or with a donation is enough depends on the facts; ask counsel.	The FCC says autodialed political texts to mobile phones require prior express consent
Manually sent messages	The FCC's guide says messages sent manually can be sent without prior consent. Whether a platform is manual depends on how it works.	P2P texting, depending on the platform. Some state laws and carrier rules may still apply.

Many campaigns use peer-to-peer texting for campaign texting because the FCC's guide treats manually sent messages differently from autodialed ones. Keep in mind that the wireless industry's CTIA Messaging Principles and Best Practices treat political campaigns as "Non-Consumer" senders and expect them to obtain consent before messaging, regardless of whether the TCPA applies. Carriers can act on those expectations.

Peer-to-Peer Texting and the Autodialer Question

Peer-to-peer texting is designed so that a person sends each message rather than an automated system. That design is why P2P is treated differently from broadcast texting in the FCC's guidance, but the legal treatment of any specific platform still depends on how it works.

Here's how it works: a volunteer or staff member logs into the texting platform, loads a batch of contacts, reviews each message (which may include personalized merge fields like the voter's first name), and manually presses "send" for each individual text. The platform queues contacts, provides script templates, and manages replies, and each text goes out when a person sends it.

Two federal sources are usually cited here. The FCC Bureau's 2020 P2P Alliance ruling (DA 20-670) said a platform that cannot send a text without a person actively and affirmatively dialing each one manually is not an autodialer, and that sending to a large volume of numbers is not itself evidence that it is; the Bureau did not decide whether any particular platform met that description. The Supreme Court's 2021 Duguid decision held that an autodialer must have the capacity to use a random or sequential number generator to store or produce the numbers to be called. Courts and the FCC have narrowed what counts as an autodialer, but how a specific platform works still matters, and some state laws define it differently.

For campaigns, the practical steps are the same either way: understand how your platform sends messages, honor every opt-out, register with carriers where required, and have counsel review your program.

10DLC Registration Requirements

10DLC (10-Digit Long Code) is the carrier system for business and organizational texting from standard 10-digit phone numbers. According to The Campaign Registry (TCR), 10DLC senders and their messaging campaigns are registered before sending, and brands register through a texting provider (a campaign service provider, or CSP) rather than with TCR directly. The CTIA Messaging Principles treat political campaigns as "Non-Consumer" senders (the legacy term is A2P), even when a person sends each text.

For political campaigns, 10DLC registration generally involves three steps, handled through your texting provider:

1. Brand Registration: Your texting provider registers your committee (legal name, EIN, address) as a brand with The Campaign Registry.
2. Campaign Verify Token: Campaign Verify is an independent, nonpartisan nonprofit that verifies U.S. political campaigns, parties, and PACs and is one of TCR's vetting providers. It says some U.S. carriers have required political 527 organizations on 10DLC to get a Campaign Verify token since 2021, and that verification gives access to increased throughput through the political special use case. Eligible organizations are 527s registered with the FEC or a state, local, or tribal election authority, and an EIN is required. Campaign Verify charges $95 per verification, once per entity per two-year election cycle, and tokens are free. It issues a separate token for each texting provider and channel, and your provider submits the 10DLC token to TCR.
3. Campaign Registration: Your provider registers the messaging campaign (what you will send and why) with sample messages, and it is reviewed before sending.

Campaign Verify says political entities that don't verify and send bulk texts may face fines or message blocking from some wireless carriers. Timing depends on Campaign Verify and 10DLC review: Campaign Verify says its staff approve or reject requests within minutes to two business days, plus time to receive a PIN (immediate by text or email, 5 to 10 business days by postal mail). VoterPing's 10DLC campaign verification service is $150, which includes Campaign Verify's $95 fee.

State Telemarketing and Texting Laws

Some states have their own telemarketing and texting laws. Many of them are written for commercial sales calls and texts rather than political messages, but their definitions, exemptions, and consent rules vary, so they are worth checking with counsel. Here is a neutral summary of a few, based on the statute text on each state's official site (reviewed September 27, 2026):

State	Key Regulation	Impact on Campaigns
Florida	Florida Telephone Solicitation Act, Fla. Stat. § 501.059. Requires prior express written consent for an unsolicited "telephonic sales call" (including a text) that involves an automated system for the selection and dialing of telephone numbers or a recorded message.	The statute defines a telephonic sales call as one made to solicit a sale of consumer goods or services or an extension of credit, so it is aimed at commercial sales. It also lets recipients sue (actual damages or $500, up to three times for willful or knowing violations) and, for text solicitations, requires a STOP notice first. Ask counsel whether any of your messages, such as merchandise offers, could fall within it.
Oklahoma	Telephone Solicitation Act of 2022, 15 O.S. § 775C.3. Requires prior express written consent for a "commercial telephonic sales call" that involves an automated system for the selection or dialing of telephone numbers or a recorded message.	The act covers commercial telephonic sales calls, and § 775C.5 lists a person "soliciting for religious, charitable, political, or educational purposes" among its exemptions. Confirm with counsel how it applies to your program.
Maryland	Stop the Spam Calls Act, Md. Code, Com. Law § 14-4502. Requires prior express written consent for a "telephone solicitation" that involves an automated system for the selection or dialing of telephone numbers or a recorded message, and limits telephone solicitations to 8 a.m. to 8 p.m. and three per 24 hours to the same person on the same subject.	"Telephone solicitation" is defined in Public Utilities § 8-205, which covers sales activity and also conducting a poll. The consent section's carve-out for noncommercial political solicitation is limited to certain registered nonprofits. Have counsel review before texting Maryland numbers, especially for polls or surveys.
Washington	Commercial Electronic Messages, RCW 19.190.060. Prohibits initiating or assisting a commercial electronic text message to a Washington resident's cell phone.	RCW 19.190.010 defines a commercial text message as one sent to promote real property, goods, or services for sale or lease. Ask counsel about any messages that promote something for sale.

This is not a complete list, and state laws change. Other states have their own telemarketing and texting laws; check with counsel for every state where you plan to text.

Opt-Out Compliance Requirements

Honor every opt-out request. The FCC's guide says consent can be revoked in any reasonable manner, such as replying STOP, and that campaigns should honor opt-out requests. The CTIA Messaging Principles (section 5.1.3) set out how carriers expect senders to handle opt-outs, whether messages are sent by P2P or broadcast.

Opt-Out Best Practices

• Recognize plain-language opt-outs: CTIA says senders should act on normal-language opt-out requests such as stop, end, unsubscribe, cancel, and quit, not only an exact keyword.
• Send one confirmation: CTIA says senders should send one final opt-out confirmation message (e.g., "You've been unsubscribed from [Campaign Name]. You will not receive further messages.") and no further messages after it.
• Keep records: CTIA says senders should retain opt-in and opt-out requests in their records so future messages are not attempted to people who opted out. Keeping a suppression list that carries over to later sends is good practice.
• Process opt-outs promptly: Handle opt-outs automatically where you can, so a volunteer does not message someone who already said stop.
• Include opt-out instructions: CTIA says senders should state in the message how to opt out and use standardized STOP wording, for example "Reply STOP to opt out" in your first message to each voter.

Penalties for Violations

Consequences can come from several directions at once: private lawsuits, federal and state enforcement, and carriers.

Source	Penalty	Details
TCPA (Federal)	$500 per violation, or actual loss if greater	Under 47 U.S.C. § 227(b)(3), a person can sue for actual monetary loss or $500 per violation, whichever is greater. A court may increase the award up to three times if the violation was willful or knowing.
FCC Enforcement	Forfeiture penalties	The TCPA also lets the FCC seek forfeiture penalties (47 U.S.C. § 227(b)(4)), in addition to other penalties.
State Laws	Varies by state	Some state telemarketing laws have their own penalties and private lawsuits. Florida's FTSA, for example, lets a recipient of a covered telephonic sales call recover actual damages or $500, up to three times for willful or knowing violations.
Carriers	Filtering or blocking	Carriers can filter or block messages that don't meet their requirements. Campaign Verify says political entities that don't verify and send bulk texts may face fines or message blocking from some wireless carriers.
Reputational Damage	Public exposure, voter backlash	Lawsuits are public record, and spam complaints from voters can draw negative attention at the worst possible time.

Because TCPA damages are counted per violation, exposure can add up quickly on a large send, and legal costs apply even when a claim fails. That is why it pays to have counsel review your program before a large send, not after.

What VoterPing Does

VoterPing is a political texting vendor. Here is what we handle for campaigns. We don't give legal advice, and using any platform, including ours, does not by itself make a texting program compliant, so your campaign's counsel should review your program.

Frequently Asked Questions