Texting unsolicited ads would require permission and opt-out notices

Senders would need the recipient’s permission before sending an unsolicited advertisement by text or automated message. The rule would cover messages advertising property, goods, services, or a political candidate’s message. Permission would not be required when the sender has an established business relationship and obtained the number through that relationship, or when the recipient voluntarily made the number public through a directory, advertisement, or website. Each message would need a domestic phone number and a free way for the recipient to stop future advertisements. The rule would apply beginning July 1, 2027, if enacted.

A person would be barred from using multiple phone numbers to avoid detection or defeat blocking and opt-out tools. The restriction would apply to unsolicited advertisements and to repeated campaigns that benefit from using stored recipient numbers. After a recipient opts out, a person or organization receiving a benefit from the messages could not reuse that recipient’s stored number in multiple unsolicited campaigns. These restrictions would apply beginning July 1, 2027, if enacted.

Repeated violations could bring a class B felony and civil penalties of $250 to $2,000 per incident, while an affected person could sue in certain cases. The criminal and civil provisions would apply to violations involving repeated unsolicited advertisements without the recipient’s prior express consent; private suits would concern gross negligence or willful misconduct that produces a benefit for a person or entity. A private lawsuit would be available to a person aggrieved by gross negligence or willful misconduct. The lawsuit could target a person or entity that received a benefit because of the unsolicited advertisement, including listed campaign, endorsement, agency, or platform participants. The penalties and private lawsuit provision would apply beginning July 1, 2027, if enacted.