Text & Call Compliance Rules (Federal Communications Law)

Text & Call Compliance Rules (Federal Communications Law)

TCPA rules for cannabis marketing texts and calls. Learn consent requirements, express written consent standards, opt-out rules, FCC enforcement, and penalties up to $1,500 per unlawful 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

  • 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

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