Why it matters
U.S. SMS regulations continue to tighten. Between 2023 and 2025, carriers and regulators introduced major changes to consent, registration, and opt-out handling.
In 2026, additional Federal Communications Commission (FCC) and carrier requirements take effect that further restrict how consent is collected, how opt-outs apply, and how toll-free messaging numbers are verified.
Staying aligned with both current rules and upcoming 2026 requirements helps prevent message blocking, carrier enforcement actions, and legal exposure under the TCPA.
Key Concepts
10DLC (10-Digit Long Code): A local 10-digit number used for application-to-person (A2P) messaging. All U.S. A2P 10DLC traffic must be registered at the brand and campaign level.
Toll-Free Messaging: A2P messaging sent from toll-free numbers. Registration and verification requirements apply and expand in 2026.
TCPA (Telephone Consumer Protection Act): U.S. federal law governing many calls and texts, especially marketing messages, consent, and opt-outs.
FCC (Federal Communications Commission): The regulator that interprets and enforces TCPA rules, including consent, opt-outs, and AI voice usage.
CTIA (Cellular Telecommunications and Internet Association) Messaging Principles: Industry best practices used by carriers to design filtering and enforcement policies.
One-to-One Consent: Consent that applies to a single, clearly identified sender only.
Consent Revocation: A consumer’s ability to withdraw consent to receive messages, which businesses must honor.
Key Changes Coming in 2026
One-to-One Consent Rule (Effective January 26, 2026)
A major FCC rule requires that consent to receive telemarketing calls or texts must be specific to one identified marketer or seller.
What this means:
Consent collected on a website or form can no longer apply to multiple third parties or “marketing partners.”
The consumer must clearly agree to receive messages from your specific business.
This closes the “lead generator loophole.”
If you use:
Lead generators
Comparison websites
Shared forms
You must update consent language so each brand collects its own consent.
Expanded Revocation of Consent (Delayed to April 11, 2026)
An updated FCC rule expands how opt-outs apply.
Key requirement:
If a consumer opts out of one type of automated message, that opt-out applies to all future automated calls and texts from that sender, even if the messages are unrelated.
Example:
A user opts out of marketing texts.
You must also stop sending automated transactional or informational messages, unless another lawful basis exists.
This portion of the rule was delayed and becomes enforceable on April 11, 2026.
Toll-Free Number Verification (Effective January 1, 2026)
All new toll-free A2P messaging registrations must include additional business verification fields.
New required fields:
Business Registration Number (BRN)
In the U.S., this is typically an EIN.
Issuing country of the business registration.
Entity type
For example: public for-profit, non-profit, government.
Without this information:
Toll-free registrations may be rejected.
Messaging traffic may be blocked or suspended.
Overview of Existing and Ongoing Regulations (Still Apply)
Businesses sending SMS in the U.S. must continue to comply with existing FCC and CTIA rules, including:
Prior Express Written Consent
Required for all marketing or promotional texts.
Consent must be clear, documented, and specific.
Clear Opt-Out Mechanisms
Every message must include a simple opt-out method, such as replying STOP.
Only one non-promotional confirmation message may be sent after an opt-out.
Time-of-Day Restrictions
Messages generally cannot be sent:
Before 8 a.m.
After 9 p.m.
Based on the recipient’s local time zone.
Some states impose stricter rules.
Content Restrictions
Prohibited or high-risk categories include:
Sex or adult content
Hate speech
Alcohol
Firearms
Tobacco
(often referred to as SHAFT content)
Carrier Registration
All U.S. A2P 10DLC traffic must be registered with The Campaign Registry.
Unregistered traffic is blocked by carriers.
AI and Artificial Voice Rules
AI-generated or cloned voices are treated as “artificial voices” under the TCPA.
Prior express consent is required before use.
Step-by-Step: Stay Compliant Through 2026
Confirm all numbers are registered correctly.
Ensure 10DLC brands and campaigns are approved and toll-free numbers include required verification data.Audit consent language.
Update all forms and lead sources to capture one-to-one consent naming your business explicitly.Review opt-out logic.
Prepare systems to apply opt-outs globally across all automated message types by April 2026.Validate toll-free business details.
Collect EIN, country of registration, and entity type before registering new toll-free numbers in 2026.Align content with declared use cases.
Ensure messages match the registered campaign purpose and CTIA guidelines.Document everything.
Store consent records, registration details, message samples, and opt-out logs.Monitor carrier feedback.
Watch for filtering, blocks, or complaint spikes and adjust quickly.
Tips and Best Practices
Use double opt-in for marketing programs.
Avoid shared or resold leads unless consent is brand-specific.
Keep opt-out language consistent and visible.
Separate human-driven messages from automated workflows where possible.
Plan 2026 updates early to avoid rushed compliance changes.
Consult legal counsel for industry-specific interpretations.
Troubleshooting
Issue | Possible Cause | Fix |
Messages blocked in 2026 | Missing toll-free verification fields | Update registration with EIN, country, and entity type |
Leads unusable for marketing | Consent not one-to-one | Stop messaging and update consent flows |
Users complain after opting out | Opt-out applied only to marketing | Expand opt-out logic to all automated messages |
Carrier flags AI-driven calls | Consent insufficient | Update disclosures and obtain required consent |
Deliverability drops | Registration or use-case mismatch | Recheck campaign registration and content alignment |