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You can text old leads compliantly if you check consent, send only in permitted hours for each lead's state, honor opt-outs immediately, register your number for A2P 10DLC and keep records. This checklist explains each step in plain English. It's general information, not legal advice; get counsel for your situation.
1. Check consent and lead source
Look at what each lead agreed to: your form's wording, the platform's terms or your call script. Marketing texts sent with automated systems generally need prior express written consent. Remove anyone who opted out of calls or texts. The FCC's one-to-one consent rule, which would have tightened consent for leads shared between businesses, was vacated by the Eleventh Circuit in January 2025 (Reed Smith), but the underlying consent rules still apply.
2. Send in permitted hours, in the lead's time zone
| Rule | Hours | Other limits |
|---|---|---|
| Federal | 8am to 9pm | |
| Florida | 8am to 8pm | 3 per 24 hours on the same subject |
| Oklahoma, Maryland | 8am to 8pm | 3 per 24 hours on the same subject |
| Texas | 9am to 9pm Mon to Sat, noon to 9pm Sun | |
| Alabama, Louisiana, Mississippi | 8am to 8pm | No Sundays or holidays |
Summarized from ActiveProspect (September 2026) and Postscript. The list isn't exhaustive and laws change, so check a current source before every campaign.
3. Identify yourself and make opting out easy
Every message should say who it's from. Make it easy to stop (for example "Reply STOP to opt out") and honor STOP and common variations immediately, across every number you use.
4. Register for A2P 10DLC
Business texting from a standard 10-digit number needs brand and campaign registration with the carriers. Unregistered traffic is blocked or filtered (JustCall). Your campaign description and sample messages should match what you actually send.
5. Keep frequency sensible
Two or three messages over a couple of weeks is plenty for most old-lead campaigns, and some states cap messages per 24 hours. Space them out.
6. Keep records
Log the lead source, consent evidence, every message and every opt-out. If a complaint arrives, records are what protect you.
7. Keep sensitive topics out of texts
Don't discuss credit, approvals, health or insurance claims by text. Book the conversation and let the right person handle it.
How Setterly handles it
We go through source and consent with every client before a campaign, send from a registered number in your business name, respect quiet hours and state limits in each lead's time zone, honor opt-outs immediately and log every conversation. You pay per booked appointment. There is no setup fee and no retainer. CRM integration is optional for a one-off fee. Full detail on our texting compliance page.
What's the takeaway?
Texting old leads is a normal, effective practice when it's done carefully. Check consent, respect hours and limits, make stopping easy, register your number and keep records. Then focus on writing messages people actually want to answer: see estimate follow-up text templates.
Frequently asked questions
Is it legal to text old leads?
It can be, when consent, quiet hours, state rules, opt-outs and 10DLC registration are handled properly. Get legal advice for your situation.
What are the TCPA quiet hours?
Federal rules restrict telemarketing to 8am to 9pm in the recipient's local time, and texts are generally treated the same. Several states are stricter.
Do I need 10DLC registration?
If you text from a standard 10-digit business number, yes. Carriers block or filter unregistered traffic.
Was the FCC one-to-one consent rule cancelled?
The Eleventh Circuit vacated it in January 2025. Other consent rules still apply.
Sources
Works for: Roofing, Car dealerships, Auto finance, Buy here pay here