Text messaging has become one of the most effective ways to reach consumers—but for debt collectors, law firms, and creditors, SMS comes with strict compliance obligations. As enforcement of consumer-communication rules continues to evolve, understanding how opt-in and opt-out work is no longer optional.
In this guide, we break down how to send compliant debt-collection SMS messages in 2026, with a clear focus on lawful consent, consumer control, and documentation.
Why SMS Compliance Matters More Than Ever
SMS is fast, convenient, and widely preferred by consumers—but it’s also highly regulated. Non-compliant texting practices can expose organizations to:
TCPA lawsuits
Regulatory enforcement actions
Consumer complaints and reputational damage
Costly class-action exposure
Regulators including the Consumer Financial Protection Bureau and courts interpreting the Federal Communications Commission guidance have made one thing clear:
consumer consent and choice must be explicit, respected, and provable.
The Legal Framework Governing Debt-Collection SMS
Debt-collection text messages are governed by multiple overlapping rules, including:
The Fair Debt Collection Practices Act (FDCPA)
Regulation F
The Telephone Consumer Protection Act (TCPA)
State-level mini-TCPA and privacy laws
Together, these laws require that collectors obtain appropriate consent before texting and honor opt-out requests immediately.
What Counts as Valid Opt-In for Debt-Collection SMS?
Opt-in is the foundation of compliant SMS communication.
1. Express Consent Is Required
Before sending debt-collection SMS messages, you must have express consent from the consumer. This consent can be obtained through:
A web form or payment portal checkbox
An inbound text message initiated by the consumer
A signed agreement or electronic acknowledgment
A recorded verbal consent (where permitted)
Consent cannot be implied, buried in fine print, or assumed based on prior contact alone.
2. Clear Disclosure at the Time of Opt-In
When a consumer opts in, they must be clearly informed that:
They are agreeing to receive text messages related to their account or debt
Message frequency may vary
Message and data rates may apply
They can opt out at any time
Best practice: present SMS consent as a standalone disclosure, not bundled with unrelated terms.
3. Proof of Consent Must Be Retained
Collectors should retain documentation showing:
When and how consent was provided
The exact language shown to the consumer
The phone number associated with consent
Any subsequent changes to consent status
This documentation is critical in the event of disputes, audits, or litigation.
Opt-Out Rules: What You Must Do When a Consumer Says “Stop”
Opt-out compliance is just as important as opt-in.
1. Opt-Out Must Be Simple and Immediate
Consumers must be able to opt out easily and at any time. Common compliant methods include:
Replying “STOP,” “END,” “CANCEL,” or “UNSUBSCRIBE”
Using a secure portal or preference center
Making a verbal request through a call center
Once an opt-out is received, SMS communications must cease immediately—no delays, no confirmation loops that send additional messages beyond what is strictly required.
2. Confirmation Messages Must Be Limited
A single confirmation message stating that the consumer has been unsubscribed is generally acceptable.
However:
You may not continue sending account-related messages
You may not attempt to re-obtain consent via SMS after opt-out
3. Opt-Out Applies Across Campaigns
If a consumer opts out of SMS:
The opt-out applies to all debt-collection texting
You cannot re-add the number unless the consumer explicitly opts back in
This is especially important when multiple vendors or systems are involved.
What Content Is Allowed in Debt-Collection SMS?
Even with valid consent, message content must remain compliant.
Compliant SMS messages should:
Be informational, neutral, and non-threatening
Avoid revealing debt details in unsecured messages
Direct consumers to a secure portal rather than requesting payment via text
Avoid language that could be interpreted as harassment or coercion
SMS should function as a gateway to secure engagement, not a full debt-discussion channel.
Frequency, Timing, and Consumer Experience
Collectors should also ensure that SMS messages:
Are sent during permissible hours
Are not excessive or repetitive
Respect consumer preferences and communication history
Excessive texting—even with consent—can still raise compliance concerns.