Are Political Texts Legal? What You Need to Know Before November
With primaries heating up and the fall general election just around the corner, your phone is likely lighting up with political texts—requests for donations, reminders to vote, or messages promoting a particular candidate. While some people may find these messages informative, many consider them annoying. But are they actually illegal?
The short answer: probably not.
Under the Telephone Consumer Protection Act (TCPA), political texts only require consent from the recipient if the caller uses an “automatic telephone dialing system” (ATDS) or an artificial or prerecorded voice.
In 2021, the Supreme Court significantly narrowed the definition of an ATDS in Facebook v. Duguid, holding that “whether storing or producing numbers to be called, the equipment in question must use a random or sequential number generator.”
Most modern texting platforms do not operate this way. Instead, they typically send messages to preloaded contact lists, such as registered voters or past donors. As a result, in most cases, prior consent is not required unless the campaign is using an ATDS or an artificial or prerecorded voice.
Campaigns should be aware that including a video clip that has audio within a text may be considered an artificial or prerecorded voice, so unless you have the recipient’s consent, videos should not be included in texts.
Many people assume that registering their number on the National Do Not Call Registry prohibits political texts, but the Registry does not apply to political messaging. Nonetheless, campaigns should maintain internal “do-not-call” lists and honor opt-out requests. If the recipient replies “STOP” to a message, the sender should stop further communication.
It is also worth noting that all 50 states and the District of Columbia permit political texts. Some states do impose additional requirements, such as disclosures or identification. If you are involved in a campaign, you should confirm whether state-specific rules apply before initiating outreach.