The Evolving Definition of Solicitation: Why It Matters for Your Business

The definition of a solicitation is no longer a single, clear line under federal and state law, creating real compliance challenges for businesses using multi-channel outreach. While the federal TCPA broadly defines "telephone solicitation" as "a telephone call or message," courts are drawing distinctions between calls and texts for specific provisions like the Do Not Call private right of action. This divergence means a text message might trigger state-level solicitation rules in Texas but fall outside certain federal TCPA protections, depending on how the law is interpreted.

For example, Texas SB 140 explicitly expands its definition of "telephone solicitation" to include SMS, text, and graphic messages, bringing these activities under state telemarketing regulations effective September 1, 2025. This requires businesses sending marketing texts to Texas residents to register with the Texas Public Utilities Commission, post a $10,000 security bond, and comply with state-specific quiet hours—permitted solicitation times are after 12 p.m. on Sundays and after 9 a.m. on weekdays and Saturdays, all ending at 9 p.m. These rules are stricter than the federal TCPA, which only prohibits calls before 8 a.m. or after 9 p.m. regardless of the day of the week.

Meanwhile, federal courts are limiting how certain TCPA provisions apply to text messages. The Seventh Circuit ruled in Steidinger v. Blackstone Medical Services that private litigants cannot sue under the TCPA's Do Not Call prohibitions (47 U.S.C. § 227(c)(5)) for failure to honor opt-out requests for marketing text messages, because that provision only authorizes private suits for "repeated telephone calls," not text messages. Multiple district courts in 2026 have followed this reasoning, creating a circuit split where the FCC interprets texts as subject to TCPA requirements, but courts restrict private enforcement to voice calls only.

• TCPA violations carry statutory damages of $500–$1,500 per violation, per class member, with no requirement to prove actual injury.
• Businesses must honor consumer revocation requests 'no more than ten business days' after receipt under the FCC's Opt-Out Rule effective April 11, 2025.
• Documentation of opt-out requests should be retained for at least four years, aligning with the TCPA’s statute of limitations.

This patchwork of rules means businesses using services like CallMyCustomers for reactivation campaigns must navigate differing requirements based on message type, recipient location, and the specific regulation being invoked. A text message sent to a customer in Texas may require state registration and adherence to stricter quiet hours, while the same message might not support a private TCPA Do Not Call claim in federal court—but could still trigger FCC enforcement or state-level penalties under laws like the Texas Deceptive Trade Practices Act. Until further guidance resolves these contradictions, maintaining a unified, consent-based approach across all channels remains the safest path forward.

How the New Opt-Out Rule Changes Consent Revocation Requirements

The FCC's Opt-Out Rule, effective April 11, 2025, fundamentally reshapes how businesses must handle consent revocation, requiring them to honor requests through any reasonable means within ten business days. This change eliminates the ability to dictate exclusive opt-out methods, placing the onus on companies to accept revocations however consumers choose to communicate them. For service businesses relying on repeat engagement, understanding the nuanced application of this rule based on message type is critical to maintaining compliant outreach.

A key distinction under the Opt-Out Rule hinges on whether the revocation occurs in response to an informational or marketing message. If a consumer revokes consent after receiving an informational communication—such as an appointment reminder or service update—businesses must discontinue all future non-emergency calls and texts, including marketing messages. Conversely, if revocation follows a marketing message, only marketing communications must cease, allowing continued informational outreach like transactional updates or service reminders. This differentiation means a single opt-out request could trigger vastly different compliance obligations depending on the context in which it was made.

Businesses must also send a one-time clarification message within five minutes of receiving a revocation request, and only if the consumer affirms the request should outreach continue under the applicable limits. Failure to comply carries significant risk, as TCPA violations incur statutory damages of $500–$1,500 per violation, with no requirement to prove actual injury. Documentation of all opt-out requests must be retained for at least four years to align with the TCPA’s statute of limitations, a requirement that directly impacts how companies like CallMyCustomers manage customer data and campaign audits. For US service businesses navigating these rules, aligning reactivation strategies with these evolving consent standards ensures both compliance and sustained customer trust.

Practical Compliance Steps for Reactivation Campaigns Across Jurisdictions

A single misconfigured reactivation campaign touching 10,000 recipients outside permitted calling hours can create potential exposure of $5–15 million under per-call statutory damages, according to compliance research. For service businesses running win-back or renewal campaigns, the stakes are too high to treat compliance as an afterthought.

Start with consent verification. The burden of proving TCPA consent falls on the defendant caller, not the plaintiff, and a consent record that cannot be retrieved per number within an hour is described as functionally nonexistent in litigation. Marketing calls and texts require prior express written consent, while informational calls need prior express consent — and that written agreement must clearly identify the specific seller by name, not a broad category of "marketing partners." This is cited as the most common real-world failure mode for outbound programs.

Documentation comes next. Retain opt-out records for at least four years, aligning with the TCPA's statute of limitations, and maintain internal do-not-call lists for five years, running parallel to the national registry. Because the National DNC Registry contains more than 249 million active numbers with tens of thousands added daily, scrubbing must occur at least every 31 days.

Opt-out handling now has firm deadlines under the FCC's Opt-Out Rule, effective April 11, 2025. Consumers may revoke consent in any reasonable manner, and businesses must honor those requests within ten business days — no exclusive revocation method is permitted. A key nuance: if a customer revokes in response to an informational message, all non-emergency communications must stop; if revoked in response to a marketing message, only marketing must cease. Revocation extends to both calls and texts regardless of the medium used.

Jurisdiction-specific rules require their own attention. Texas SB 140, effective September 1, 2025, expands "telephone solicitation" to include SMS, text, and graphic messages — meaning companies cannot send marketing texts to Texas residents without registering with the state's Public Utilities Commission, posting a $10,000 security bond, and following Texas quiet hours (no solicitation before 9 a.m. on weekdays and Saturdays, or before 12 p.m. on Sundays). Penalties run $500 to $5,000 per violation, trebleable for intentional misconduct, and consumers can now sue directly under the Texas Deceptive Trade Practices Act, as detailed in legal analysis of the new law.

A practical checklist for reactivation campaigns:

• Verify written consent is on file for every number, naming the specific seller, before any campaign wave goes out
• Scrub against the National DNC Registry every 31 days and honor internal DNC entries for five years
• Honor opt-outs within ten business days and retain documentation for at least four years
• Respect the strictest applicable quiet hours — federal rules prohibit calls before 8 a.m. or after 9 p.m., with some states stricter
• Track state mini-TCPA laws, from Florida's 15-day safe harbor to Virginia's 10-year opt-out retention requirement

Even as some federal courts limit the private right of action for text messages under the DNC provision, commentators advise that continuing to treat texts as subject to all applicable TCPA requirements remains the safest approach. That is the standard CallMyCustomers applies — every script and message is approved by the client before anything is sent, opt-outs are honored immediately, and outreach runs only from lists of real customers who have given permission.