Compliance

Rules for texting sellers who are on the national do not call list

Texting sellers who are on the National Do Not Call (DNC) list can be complex and carries risks. Generally, unsolicited commercial texts to numbers on the DNC list are prohibited without prior express written consent. This is not legal advice; consult a legal professional for specific guidance.

October 12, 2026 · 4 min read

The purpose of the National DNC Registry

The National Do Not Call (DNC) Registry was established to give consumers a choice about whether to receive telemarketing calls. It is primarily regulated by the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC). For investors, understanding this registry is crucial for compliant outreach.

While often associated with voice calls, the principles of unsolicited communication extend to other forms of outreach, including text messages. The aim is to protect consumers from unwanted commercial solicitations, whether spoken or written.

Distinguishing between calls and texts under TCPA

The Telephone Consumer Protection Act (TCPA) covers both calls and text messages. Under TCPA, texts are generally treated as calls to a mobile phone. This means the same restrictions that apply to cold calling numbers on the DNC list often apply to texting those numbers.

Specifically, using an automatic telephone dialing system (ATDS) to send texts to numbers on the DNC list without prior express consent is prohibited. Many of the mass texting platforms investors use could fall under the ATDS definition, increasing the risk.

When consent makes a difference for texts

The primary exception to DNC rules for both calls and texts is obtaining prior express consent from the recipient. This means the seller must have explicitly agreed to receive text messages from you. This consent should ideally be in writing and clearly state what types of messages they will receive.

If a seller initiates contact by texting you first, this typically constitutes an inquiry that implies consent for a reply. However, this implied consent is usually limited to the scope of their initial inquiry. Broadening the conversation into a full-blown solicitation without further explicit consent can still be risky. This is not legal advice; consult with a legal professional to ensure compliance.

The "established business relationship" loophole for calls, and its text implications

For voice calls, there is an "established business relationship" (EBR) exception to the DNC rules. This generally applies if the consumer has bought from you, inquired about your services, or had a transaction with your business within a certain timeframe. However, the applicability of the EBR exception to text messages is less clear and should be approached with extreme caution.

Relying on an EBR for text messages without explicit consent is generally not recommended due to the higher scrutiny applied to texts. Always aim for clear, prior express written consent when texting, rather than assuming an EBR covers it. This is not legal advice.

Maintaining your own internal DNC list

Even if you believe you are compliant with federal DNC rules, you are required to maintain your own internal Do Not Call list. If a seller requests that you stop texting or calling him or her, you must honor that request promptly and add his or her number to your internal list.

This internal list takes precedence over any other consent or relationship. Failing to honor an opt-out request can lead to significant penalties. Make sure your team is trained to recognize and act upon DNC requests immediately.

Best practices for avoiding violations

To minimize compliance risk, always prioritize obtaining explicit consent for text messages. Avoid using generic or purchased lists for texting without first scrubbing against the National DNC Registry and obtaining consent. Clearly identify yourself and offer an easy way for recipients to opt out of future messages.

Regularly review your outreach scripts and processes to ensure they align with current TCPA guidelines. The landscape of telemarketing regulation can change, so staying informed is crucial. Remember, this information is for educational purposes only and not legal advice. Always consult with a qualified legal professional for specific guidance on your business practices.

Questions people ask

What if a seller texts me first?

If a seller texts you first, it generally implies consent for you to reply to his or her specific inquiry. However, this consent is limited, so do not broaden the conversation to new solicitations without further express consent. This is not legal advice.

Does providing an opt-out option make a text compliant?

Providing an opt-out option (e.g., "Text STOP to opt out") is a best practice and often required, but it does not automatically make an unsolicited text message compliant if it was sent without prior express consent to a DNC-listed number. It is about consent first, then opt-out.

How do I get express written consent for texting?

Express written consent typically means the seller has physically signed a document or provided electronic consent (like checking a box online) that clearly states he or she agrees to receive text messages from your company. The consent should specify the types of messages. This is not legal advice.