Washington SMS Marketing and A2P Messaging Rules
A plain-language, source-linked guide to Washington authorities relevant to SMS, MMS, telemarketing, privacy, consent, and do-not-call issues.
3reviewed source records
2express text-message sources
0fact-dependent sources
1related or unresolved source
What the sources say
The Washington sources reviewed for this page include 2 sources that expressly cover text messaging. Other sources may apply only to particular activities or provide related context. Federal law, carrier policy, and sender-registration requirements may still apply alongside state law.
Authorities and official sources
Each entry explains what the source says, where its limits are, and what it does not establish.
State law · Current
RCW 19.190 and 2026 amendment ESHB 2274
How this authority relates to messaging
The reviewed source expressly includes text messaging within a broader legal or regulatory framework.
What the source establishes
- Washington law prohibits sending a “commercial electronic text message” to a cellular phone or pager unless the message falls within narrow statutory permission; 2026 law reduced damages to the greater of $100 or actual damages.
Limits and important context
- Broad commercial-text rule with consent / subscriber status focus and CPA overlay.
- Obtain clear affirmative consent in advance unless an existing-subscriber exception applies; avoid misleading routing/origin data.
- Existing-subscriber / no-cost service exception; statute is commercial-text-specific rather than a full telemarketing code.
- Private damages and Consumer Protection Act overlay.
- Private damages plus Consumer Protection Act overlay.
Consent standard stated in the source
- clear affirmative consent
Exceptions or special treatment
- Existing subscriber: Obtain clear affirmative consent in advance unless an existing-subscriber exception applies; avoid misleading routing/origin data.
- No-cost service: Existing-subscriber / no-cost service exception; statute is commercial-text-specific rather than a full telemarketing code.
Official and supporting sources
Source and review details
- Jurisdiction
- Washington
- Source type
- State law
- Current status
- Current
State law · Current
Washington My Health My Data Act
How this authority relates to messaging
The reviewed source expressly applies to a particular type of text message or a specific messaging issue.
What the source establishes
- Regulated entities must follow specific rules on when consumer health data may be collected and shared; the AG page states the law protects health data from being collected and shared without consent.
Limits and important context
- Covers “consumer health data” outside HIPAA and requires compliance by non-small businesses from March 31, 2024 and small businesses from June 30, 2024; section 10 applied earlier. Extremely important for reproductive-health, wellness, symptom, chronic-condition, fertility, abortion-related, location-linked, or care-seeking messages and audience creation. Section 11 makes violations a per se violation of Washington’s Consumer Protection Act and the AG page says enforcement can occur through both AG action and private action. Washington AG privacy page. RCW ch. 19.373; private and Attorney General enforcement; phased effective dates through June 30, 2024.
Facts that may change the result
- Does the program collect, infer, share, or use Washington consumer health data outside HIPAA?
Official and supporting sources
Source and review details
- Jurisdiction
- Washington
- Source type
- State law
- Current status
- Current
Official agency guidance · Current
Washington biometric identifiers law
How this authority relates to messaging
This source is relevant to the broader program, but the reviewed text does not expressly establish general SMS or MMS coverage.
What the source establishes
- Requires notice/consent or a mechanism preventing subsequent use when enrolling a biometric identifier for a commercial purpose; bars inconsistent downstream use without new consent; restricts sale/lease/disclosure without consent; and imposes retention/unauthorized-access protections.
Limits and important context
- Washington chapter 19.375 RCW governs enrollment, disclosure, and retention of biometric identifiers for commercial purposes. Material whenever a messaging program authenticates consumers using voice or other biometrics, or links biometric templates to mobile engagement. The chapter is enforceable through Washington’s Consumer Protection Act framework. Washington RCW chapter listing and legislative bill-report summary. Enforceable solely by the Attorney General under chapter 19.86 RCW; no private right of action.
Facts that may change the result
- Does the program enroll or use biometric identifiers for a commercial purpose?
Official and supporting sources
Source and review details
- Jurisdiction
- Washington
- Source type
- Official agency guidance
- Current status
- Current
Continue with the most useful next step
Move from a jurisdiction or authority layer to the sources and tools most likely to answer the next question.
Check this state in the SMS Compliance Preflight
Use program details to identify the authority layers that may apply.
Federal law
The federal statutes and regulations that form the national legal baseline for U.S. A2P text messaging.
FCC rules and orders
FCC actions addressing consent revocation, opt-out handling, robotext blocking, and related operational controls.
Carrier policy
Carrier policies and public guidance concerning approved messaging paths, consent evidence, opt-out handling, filtering, and sender behavior.
Sender registration
10DLC, short-code, toll-free, vetting, and monitoring requirements used to register or verify U.S. A2P senders.
National Do Not Call
The national registry and federal do-not-call framework relevant to covered U.S. telemarketing programs.
Industry-specific requirements
Federal privacy, health, financial, debt-collection, child-data, credit-reporting, and affiliate-marketing requirements that may apply to particular messaging programs.
Browse SMS marketing laws by state
Return to the complete state and national authority index.
Get a program-specific review
Use an advisory review when the result depends on facts that a public authority index cannot resolve.
