The SMS Coach, Justin H. Mueller

Federal Messaging Law and Regulation

A source-linked guide to federal law and how this authority layer fits into U.S. A2P messaging programs.

5reviewed source records
0express text-message sources
0fact-dependent sources
0related or unresolved sources

What this authority layer covers

The federal statutes and regulations that form the national legal baseline for U.S. A2P text messaging.

Authorities and official sources

Each entry explains what the source says, where its limits are, and what it does not establish.

Federal law · Current

Telephone Consumer Protection Act, 47 U.S.C. § 227

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How this authority relates to messaging

This source is part of the national legal baseline for U.S. messaging programs.

What the source establishes

  • The TCPA is the core federal authority for autodialed or prerecorded calls and texts and supplies consent, do-not-call, and private-action rules.

Limits and important context

  • Operational controls include consent design, dialing and texting restrictions, do-not-call compliance, damages exposure, and vendor oversight.
  • Section 227(b) text coverage remains comparatively settled; section 227(c)(5) text-based private actions are subject to a circuit split, including the Seventh Circuit limitation stated in Steidinger.

Official and supporting sources

  1. 47 U.S.C. § 227(b)–(c)
Source and review details
Jurisdiction
United States federal
Source type
Federal law
Current status
Current

Federal regulation · Current

47 C.F.R. § 64.1200

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How this authority relates to messaging

This source is part of the national legal baseline for U.S. messaging programs.

What the source establishes

  • The FCC rule implements TCPA delivery, consent, do-not-call, internal-procedure, opt-out, timing, and recordkeeping requirements, including text-specific provisions.

Limits and important context

  • Apply the rule to consent, quiet hours, internal do-not-call procedures, revocation and opt-out handling, and required records.

Official and supporting sources

  1. 47 C.F.R. § 64.1200
Source and review details
Jurisdiction
United States federal
Source type
Federal regulation
Current status
Current

Federal regulation · Current

Telemarketing Sales Rule, 16 C.F.R. Part 310

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How this authority relates to messaging

This source is part of the national legal baseline for U.S. messaging programs.

What the source establishes

  • The Telemarketing Sales Rule governs disclosures, misrepresentations, calling times, do-not-call compliance, registry access, and recordkeeping for covered telemarketing.

Limits and important context

  • Material to promotional messaging programs when the communication is part of covered telemarketing or lead-generation activity; the TCPA remains the primary federal SMS framework.

Official and supporting sources

  1. 16 C.F.R. Part 310
Source and review details
Jurisdiction
United States federal
Source type
Federal regulation
Current status
Current

Federal law · Current

CAN-SPAM Act mobile and commercial electronic message layer

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How this authority relates to messaging

This source is part of the national legal baseline for U.S. messaging programs.

What the source establishes

  • CAN-SPAM supplies a secondary federal layer for specified mobile-service commercial messages and deceptive sender, routing, and header practices.

Limits and important context

  • This authority is supplemental rather than the primary consent framework for ordinary SMS/MMS programs.

Official and supporting sources

  1. 15 U.S.C. §§ 7701–7713
  2. FCC CAN-SPAM guidance for unwanted commercial electronic messages
Source and review details
Jurisdiction
United States federal
Source type
Federal law
Current status
Current

Federal law · Current

FTC Act Section 5

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How this authority relates to messaging

This source is part of the national legal baseline for U.S. messaging programs.

What the source establishes

  • FTC Act Section 5 reaches unfair or deceptive practices involving consent claims, lead forms, data-use representations, transactional labeling, and dark patterns.

Limits and important context

  • Maintain truthful disclosures, substantiated consent evidence, lead-source controls, and vendor oversight.

Official and supporting sources

  1. Federal Trade Commission Act § 5, 15 U.S.C. § 45
Source and review details
Jurisdiction
United States federal
Source type
Federal law
Current status
Current

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