Text & Call Compliance Rules (Federal Communications Law)

Federal communications laws regulate how cannabis businesses contact customers by phone or text. These rules apply even if your dispensary is fully licensed and compliant under state law.

Violations are common and can trigger federal penalties or lawsuits, even for a single message.

What This Covers

Consent requirements for texts and calls
Rules for automated and marketing messages
Opt-out and recordkeeping obligations
Enforcement authority and penalties

Consent Requirements

You must have proper customer consent before sending texts or calls.

Consent must be clear and documented
Consent cannot be implied or assumed
Consent cannot be bundled into unrelated agreements
A general terms-of-service checkbox is not sufficient

Automated and Marketing Messages

Stricter rules apply to mass or automated outreach.

Automated calls or texts require express written consent
Marketing messages are regulated more strictly than transactional messages
State cannabis legality does not change federal requirements

Even one unsolicited message can be a violation.

Opt-Out Rules

Every message must allow recipients to stop future contact.

Each text or call must include a clear opt-out method
Opt-out requests must be honored immediately
Continued messaging after opt-out is a violation

Enforcement and Oversight

Identifies who enforces text and call rules.

Federal Communications Commission (FCC)
Federal Trade Commission (FTC)

Violations may result in:

Civil penalties of up to $1,500 per message
Federal investigations
Class-action lawsuits

What Operators Usually Miss

Point-of-sale opt-ins often do not meet federal standards
Automated texts require higher consent thresholds
One message can trigger liability

When This Comes Up

SMS marketing programs
Loyalty or rewards programs
Promotional calls or reminders
Using third-party marketing platforms

What Happens If You Ignore This

Per-message fines
Costly class-action exposure
Forced shutdown of marketing campaigns
Increased federal scrutiny