The rules
Is SMS marketing legal for restaurants?
Yes, when guests opt in first. This is a plain-English summary of the federal rule and the carriers' industry guidelines as published on November 5, 2026. It is not legal advice, states can add their own rules, and you should have your attorney review your sign-up wording before the first send.
Get written consent for marketing texts
The FCC's consumer guide says FCC rules ban texts sent to a mobile phone with an autodialer unless the owner gave consent first, and adds: "Commercial texts require written consent; for informational texts, your consent may be oral." The rule itself (47 CFR 64.1200) defines prior express written consent as a written agreement, signed by the guest, that:
- clearly authorizes you to send them advertising or telemarketing messages with automated technology,
- names the phone number they want the messages sent to,
- tells them clearly that they do not have to agree in order to buy anything from you, and
- can be signed electronically where federal or state law accepts an electronic signature.
Make opting out easy, and honor it fast
Under the same rule a guest can revoke consent by any reasonable method. A reply of "stop", "quit", "end", "revoke", "opt out", "cancel" or "unsubscribe" counts automatically, and the request must be honored within a reasonable time not to exceed ten business days. You may send one confirmation text with no marketing in it; the rule presumes it is fine if it goes out within five minutes.
Send between 8 a.m. and 9 p.m.
The rule bars telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m., local time where the guest is. Schedule promotional texts inside that window in the guest's time zone.
Follow the carriers' rules too
The wireless industry's own guidelines, CTIA's Messaging Principles and Best Practices (May 2023), add more. Among them: send a confirmation after sign-up that names the program, gives a help contact (such as a HELP reply), explains how to opt out, says the messages are recurring and how often, and states any fees; never use a rented, sold or shared list; and use a link shortener dedicated to your own business rather than a shared one.
Local business numbers also need 10DLC registration. Twilio lists three steps (verify your brand, register each campaign and how you collect consent, attach your numbers), estimates approval in under a week, and its compliance docs say senders who skip registration pay additional carrier fees.