Message Received: 5 Rules for Texting Consumers Without Getting in Trouble

Message Received: 5 Rules for Texting Consumers Without Getting in Trouble

Texting is the new phone call. It’s fast, it’s efficient, and—when used correctly—it can drastically improve response rates, reduce inbound call volume, and even help you collect faster.

But there’s a big catch.

When you’re communicating with consumers via SMS in a regulated environment, compliance matters just as much as convenience. One wrong message, timing misstep, or missing disclosure can lead to more than just a ghosted reply—it can lead to fines, lawsuits, and reputational damage.

At Divinity Software, we’ve helped hundreds of agencies implement smart, compliant text messaging strategies. We’ve seen what works, what doesn’t, and where things can go sideways. So whether you’re just getting started or want to tighten your approach, here are five must-follow rules to keep your texting consumer-friendly—and regulator-proof.

Rule 1: Get Clear, Verifiable Consent (and Track It)

Before you send a single text, make sure you have something far more important: express consent.

Under the Telephone Consumer Protection Act (TCPA) and other consumer protection laws, you must obtain prior express consent before texting a consumer—even if they already owe a debt or previously gave you their number.

That consent must be:

• Explicit (not implied)

• Documented

• Specific to SMS communication

  
  

Best Practices:

• Use opt-in language in your initial call or on your client’s intake forms.

• Add checkboxes for SMS authorization on digital forms.

• Record call scripts where verbal consent is obtained.

• Store consent in your CRM or collections system with a timestamp.

  
  

Avoid:

• Assuming a consumer who gave you their phone number is okay with texts.

• Using third-party data without verifying opt-in status.

• Sending messages before consent is verified on file.

  
  

Pro Tip from Divinity: Our platform includes built-in consent tracking, so you’ll never accidentally send a message to someone who hasn’t opted in.

Rule 2: Be Clear About Who You Are

Imagine receiving a message that says, “We need to talk about your account. Click here.”

Now imagine being a consumer with multiple debts, an active scammer warning on your phone, and no idea who “we” is.

Ambiguity isn’t just bad for engagement—it can also be a compliance violation.

Every outbound SMS should:

• Clearly identify your agency or your client (if applicable)

• Make it obvious this is a legitimate communication

• Avoid fear-based language or legal threats

  
  

Here’s what not to do:

“This is your final notice. Click this link or face legal action.”

Here’s a better example:

“Hi Jane, this is Apex Recovery on behalf of City Health. We’re here to help resolve your account. Text HELP for options or visit apexrecoverypay.com.”

Clarity builds trust—and trust gets replies.

Pro Tip from Divinity: Our SMS templates use dynamic merge fields to personalize messages while always including proper sender identification.

Rule 3: Time It Right—And Respect Quiet Hours

Just because someone gave you permission to text them doesn’t mean you can send messages whenever you want. Federal and state laws regulate the timing of outbound messages, often limiting texts to between 8:00 AM and 9:00 PM local time.

This can be trickier than it seems, especially when you’re dealing with:

• Consumers in different time zones

• Automated sequences

• National campaigns

  
  

Best Practices:

• Use automation tools that detect and respect time zones.

• Batch messages to send during optimal engagement windows (e.g., lunch breaks or after work).

• Honor “Do Not Disturb” requests—even if they don’t formally opt out.

  
  

Avoid:

• Blasting messages at midnight because your system runs on UTC.

• Assuming business hours in one region apply everywhere.

  
  

Pro Tip from Divinity: Our texting engine includes smart delivery logic that prevents messages from being sent outside approved time windows based on zip code or phone area code.

Rule 4: Include an Easy, Instant Opt-Out

Under both the TCPA and the CTIA Messaging Principles, consumers must have an easy way to stop receiving texts at any time.

That means including clear opt-out instructions in your messages—ideally in the first message of every new sequence.

For example:

“Reply STOP to end messages.”

Once someone opts out, you must:

• Stop texting them immediately

• Remove them from all future SMS workflows

• Maintain a record of their opt-out in your system

Failing to do so can trigger serious fines or even class-action exposure.

Best Practices:

• Include opt-out language in every campaign.

• Honor STOP commands immediately (even with typos like “Stop” or “stop pls”).

• Log every opt-out for compliance audits.

  
  

Pro Tip from Divinity: Our SMS module automatically recognizes opt-out commands and applies a “global do-not-text” status, so your team never has to think twice.

Rule 5: Stick to Helpful, Respectful, and Non-Coercive Language

Tone matters. Texts are intimate and immediate—and that means aggressive language stands out like a sore thumb.

We recommend agencies use a tone that’s:

• Friendly

• Informative

• Non-judgmental

• Solution-oriented

  
  

Here’s a comparison:

Too aggressive:

“You’ve ignored your debt for long enough. Final warning.”

Compliant and respectful:

“Let’s get this resolved together. Flexible payment options are available—text PLAN to learn more.”

What not to include in a text:

• Threats of legal action

• Language implying arrest or wage garnishment

• Misleading statements about credit damage

• Overselling urgency when none exists

  
  

Pro Tip from Divinity: We provide pre-approved message libraries with tone-tested templates to help your agency stay within the bounds of consumer-friendly and regulation-ready communication.

Bonus Rule: Don’t Forget State-Level Rules

While federal laws like the TCPA and FDCPA provide the foundation for SMS compliance, many states add their own layers—and they’re often stricter.

For instance:

• Some states limit contact attempts per day or per week.

• Others define unique “cooling-off” periods.

• Several states are considering real-time consent revocation via any communication channel.

  
  

Keeping up with these patchwork rules manually is tough—but it’s necessary.

Final Thoughts: Text With Care, Text With Confidence

Texting is one of the most powerful tools in a modern agency’s outreach strategy. It’s fast. It’s scalable. And when done right, it builds trust and drives results.

But like any tool, it comes with responsibility.

By following these five core rules—and partnering with a platform that builds compliance into the core—you can avoid the common pitfalls and focus on what matters: helping consumers resolve their debts with dignity and efficiency.

At Divinity Software, we’ve designed our SMS tools to blend automation with empathy, speed with security, and compliance with convenience.

If you’re ready to start texting smarter—and safer—let’s talk.

Ready to upgrade your SMS outreach without the compliance headache?

Schedule a free demo with Divinity Software. We’ll show you how to build trust and stay out of trouble.