Texting Tenants: TCPA Consent, Opt-Outs and Quiet Hours
What the TCPA and the FCC’s rules require before a landlord texts tenants: consent, the STOP words, 10 business days to honor an opt-out, and quiet hours.
By Seayora Editorial Team · Published · Facts checked · 4 min read
Short answer: The FCC’s Telephone Consumer Protection Act rules require prior express consent for automated calls and texts to a cell phone, and prior express written consent when the message is marketing. A tenant can revoke consent by any reasonable means, and replying “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel” or “unsubscribe” always counts; the revocation must be honored within 10 business days. Telephone solicitations are barred before 8 a.m. and after 9 p.m., and each violation can cost $500, trebled if willful.
Key takeaways
- Automated calls and texts to a cell phone need the recipient’s prior express consent, except in an emergency (47 CFR 64.1200(a)(1)).
- Marketing or telemarketing by automated text needs prior express written consent (47 CFR 64.1200(a)(2)).
- Seven reply words revoke consent per se, and any reasonable method works; honor it within 10 business days (47 CFR 64.1200(a)(10)).
- One confirmation text is allowed, presumed fine if sent within five minutes, with no marketing in it (47 CFR 64.1200(a)(12)).
- Private suits recover $500 per violation, up to three times that if willful or knowing (47 U.S.C. § 227(b)(3)).
Does the TCPA apply to texts from a landlord?
It can. The FCC’s rule bars any call made “using an automatic telephone dialing system or an artificial or prerecorded voice” to a cell phone number unless it is made for emergency purposes or “with the prior express consent of the called party,” and its consent and revocation rules apply expressly to “calls or text messages” (47 CFR 64.1200). In 2021 the Supreme Court narrowed the federal definition of an autodialer to equipment with “the capacity to use a random or sequential number generator to either store or produce phone numbers to be called” (Facebook, Inc. v. Duguid), so many tools that text a list of residents are outside the federal definition. State laws can be broader, and getting consent costs far less than arguing the point, so treat consent as required.
What kind of consent does a landlord need?
For informational messages, such as a rent reminder, a maintenance appointment or a building notice, the rule requires “prior express consent.” Collect it in writing, on the application or in the lease, and name the kinds of messages you will send. A message that includes or introduces an advertisement or constitutes telemarketing requires “prior express written consent” (47 CFR 64.1200(a)(2)). Promoting a vacancy, a paid service or a partner’s offer to residents is marketing; telling them the water will be off on Thursday is not.
How can a tenant opt out of texts?
By “any reasonable method to clearly express a desire not to receive further calls or text messages.” Replying “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel” or “unsubscribe” is a reasonable means per se; a reply in other words still counts if a reasonable person would understand it as revoking consent; and a sender whose texts cannot receive replies must say so on each text and offer another way to opt out. Requests must be honored “within a reasonable time not to exceed ten business days from receipt” (47 CFR 64.1200(a)(10)). A request by voicemail or email to the sender also creates a rebuttable presumption that consent was revoked (§ 64.1200(a)(11)).
A single text confirming the opt-out is allowed if it “merely confirms” the request, contains no marketing and is the only message sent afterward; it is presumed covered by the earlier consent if it goes out within five minutes. Where a tenant had agreed to several kinds of messages, that confirmation may ask which ones the request covers (§ 64.1200(a)(12)).
Are there quiet hours for texting?
For telephone solicitations, yes: none may be made to a residential subscriber “before the hour of 8 a.m. or after 9 p.m. (local time at the called party’s location),” or to a number on the national do-not-call registry without an exception (47 CFR 64.1200(c)). Operational messages are not solicitations, but holding non-urgent texts to the same hours is the safer habit.
What does a violation cost?
A person may sue “to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater,” and a court may award up to three times that if the violation was willful or knowing (47 U.S.C. § 227(b)(3)). Because each text is a separate violation, a monthly reminder to a building that opted out adds up quickly.
Do states have their own texting laws?
Several do. Florida’s Telephone Solicitation Act, for example, defines a “telephonic sales call” to include a text message, bars an unsolicited sales call using an automated system for selecting and dialing numbers without the called party’s prior express written consent, and lets a recipient recover $500 per violation, trebled if willful (Fla. Stat. § 501.059). Check the state where your residents live before sending anything promotional.
| Message | Consent needed | Opt-out |
|---|---|---|
| Rent reminder, repair appointment, building notice | Prior express consent | Any reasonable method; honor within 10 business days |
| Vacancy promotion, paid service, partner offer | Prior express written consent | Same; no further marketing after the confirmation text |
| Emergency, such as a gas leak or evacuation | Not required for emergency purposes | Consent rules do not apply to the emergency call |
Frequently asked questions
Can I text a tenant a rent reminder without written consent?
An informational reminder needs prior express consent; collect it in writing on the application or lease. Prior express written consent is required when the message is marketing.
How fast must I stop texting after a tenant replies STOP?
Within a reasonable time not exceeding 10 business days. One confirmation text is allowed, presumed fine if sent within five minutes, and it may not include marketing.
Can I text tenants late at night?
Telephone solicitations are barred before 8 a.m. and after 9 p.m. at the recipient’s location. Emergencies are different, but routine messages are best kept within those hours.
Sources
- 47 CFR § 64.1200, Delivery restrictions, eCFR
- 47 U.S.C. § 227, Restrictions on use of telephone equipment, Legal Information Institute
- Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), Legal Information Institute
- Florida Statutes § 501.059, Telephone solicitation, Florida Legislature
How Seayora helps
Notification preferences: In-app, email, push and opt-in SMS notifications, with a reply of STOP honored across the account.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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