Political Texting Consent Records: What to Keep and Why

Updated October 2026

Suppose, as a hypothetical, a committee receives a letter from a voter’s lawyer six weeks after Election Day. The letter says the voter never agreed to campaign texts and asked to stop twice. The staffer who ran the program has moved on. The only question that matters now is what the committee can actually show.

Short answer: When a texting complaint arrives, the committee’s own records do most of the talking. Keep proof of where each number came from and what the person agreed to, a log of every opt-out request and when it was honored, and a note of how each message was sent. Build those records while the program runs, not after a demand letter shows up.

Nothing here is legal advice. Your committee’s counsel should review your consent and opt-out practices against current law.

The question a complaint will ask

Most texting disputes come down to two facts. Did the campaign have permission it needed to send the message? And once the person asked to stop, did the messages stop? A committee that can answer both with dates, sources and logs is in a far stronger position than one relying on a summary report or a staffer’s memory.

That is why consent proof is a records job as much as a legal one. The law sets the rules, but the file shows whether they were followed.

What federal law expects of campaign texts

Under the FCC’s reading of the Telephone Consumer Protection Act, a text message counts as a call. The FCC’s guide for political campaigns says political texts sent to a mobile phone using an autodialer require the recipient’s prior express consent, while messages sent manually can be sent without prior consent. Political calls and texts are exempt from the National Do Not Call Registry rules, but that exemption does not reach the consent requirement.

What counts as an autodialer matters. In Facebook, Inc. v. Duguid (2021), the Supreme Court read the statutory definition narrowly, tied to the capacity to use a random or sequential number generator. State laws can define regulated technology differently, so a federal answer is not the end of the analysis.

The statute also gives people a way to enforce it. Under 47 U.S.C. §227(b)(3), a recipient can sue to stop violations and recover actual losses or set statutory damages for each violation, and a court can increase the award up to three times when a violation was willful or knowing. Section 227(g) lets state attorneys general bring their own civil actions. Per-message damages are why small recordkeeping gaps can become expensive questions.

The consent file: fields worth keeping

For every number the committee texts under a consent basis, try to be able to produce:

Source. Where the number came from: a sign-up form, an event check-in, a donation page or another documented channel.
Capture date and wording. The exact language the person saw when they shared the number, saved as a screenshot or archived copy of the form version in use that day.
Scope. What the person agreed to receive, such as campaign updates, event notices or fundraising messages.
Method. How each program’s messages were sent and who approved that method, so counsel can apply the right rule.
Status history. Every change to the record, including opt-outs and reactivations, with dates.

Keep form versions, not just the current one. If the sign-up language changed in August, a number collected in May should point to the May wording.

Proving an opt-out was honored

Current FCC rules at 47 CFR §64.1200(a)(10) let a person revoke consent by any reasonable method. Replies such as “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel” or “unsubscribe” count automatically, and other wording counts if a reasonable person would read it as a request to stop. Revocations must be honored within a reasonable time, not more than ten business days after receipt.

The rule also allows one confirmation text after an opt-out, as long as it only confirms the request. A confirmation sent within five minutes is presumed to fall within the person’s prior consent.

The FCC adopted a further order, FCC 26-67, on September 30, 2026. Among other changes, the order would allow a revocation to be read as covering just the category of informational messages it was aimed at, and would allow a sender to designate an exclusive opt-out method from a short FCC-approved list, such as replying “stop,” as long as that method is clearly disclosed in each message. The Federal Register scheduled the order for publication on October 26, 2026, and the changes take effect 30 days after publication. Plan around today’s rule until counsel confirms the new one is in force.

To prove compliance, log the request text, the time it arrived, the time the number was suppressed and the confirmation, if any. Carry suppression forward into every new list and every new program.

When a number changes hands

Phone numbers get reassigned. A person who agreed to messages two years ago may no longer hold that number. The FCC’s rules include a safe harbor for callers who check the Reassigned Numbers Database and receive an erroneous result, but the caller bears the burden of proof and persuasion to use it. If the committee relies on that database, keep the query date and the response with the record.

A records drill before the next program

Pull ten random numbers and trace each one back to its source and consent wording.
Confirm archived copies of every sign-up form version are saved.
Test an opt-out reply and time how long suppression takes.
Check that past opt-outs are suppressed in the newest list.
Record how each planned program will send messages, with counsel’s sign-off.
Confirm the local time and day rules for each state you will text in.
Decide who keeps the records after the cycle ends, and for how long.

Consent and opt-out FAQ

Is a voter-file phone number the same as consent? No. A number on a voter file shows a person registered, not that they agreed to receive campaign messages. Whether consent is needed depends on how the messages are sent.

What if a voter replies “please don’t text me again”? Treat it as a revocation. Current FCC rules count wording a reasonable person would understand as a request to stop.

How long should consent records be kept? Long enough to cover any period in which a claim could be brought. Ask counsel to set a retention schedule and stick to it.

Primary legal sources

Good records will not prevent every complaint, but they turn a hard conversation into a short one.

Want your consent records ready before anyone asks?

We can help you build voter contact programs where consent and opt-out records are part of the plan from the first message. That covers P2P texting, live calling, automated calling and digital ads, with your counsel making the legal calls. Tell us about your contact program