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Is cold texting legal for wholesalers? 10DLC, the TCPA and consent

Short answer: texting a seller you pulled from a list, without their consent, is the riskiest way to reach them. Under the federal rules a text is a call, carriers block business texts that aren't registered, and the industry's own rules say a purchased list doesn't count as consent. Here is what each layer requires, and the lower-risk way to make first contact.

Updated By Parcel Research

Researched November 2, 2026; not legal advice

We read the rules linked below on that date. We are not your lawyers, state laws change often, and courts disagree on parts of this. Have a TCPA attorney look at your own texting before you start.

On this page

A text is a call

The FCC's rules treat text messages as calls under the Telephone Consumer Protection Act 47 CFR 64.1200, Delivery restrictions. A marketing text sent with an autodialer needs the person's prior express written consent, and a reply like STOP has to be honored. "I buy houses, want an offer?" is marketing. The statute lets each person sue for $500 per violation, up to $1,500 when it's willful 47 U.S.C. 227 (Telephone Consumer Protection Act).

Do Not Call applies too

The National Do Not Call rules cover telephone solicitations 47 CFR 64.1200, Delivery restrictions. After a 2025 Supreme Court decision, courts have split on whether those rules reach texts; the safe assumption is that they do. Scrub every number against the National DNC Registry before a single text, and keep your own internal do-not-contact list.

What 10DLC is

A2P 10DLC is the carriers' registration system for businesses texting from ordinary 10-digit numbers. In Twilio's words, anyone sending texts "over a 10DLC number from an application to the US must register", and unregistered senders pay extra carrier fees What is A2P 10DLC?. Registration covers your business (the brand) and each use (the campaign), and the campaign must say how people opt in, opt out and get help. Texting tools built for wholesalers run on the same system, so registration is part of signing up with them.

What carriers expect

The CTIA's Messaging Principles are what carriers enforce CTIA Messaging Principles and Best Practices (May 2023). For a wholesaler, three lines matter most:

  • Opt-in "should not be transferable or assignable": consent given to someone else isn't consent to you.
  • Senders "should not use opt-in lists that have been rented, sold, or shared": a list you bought or pulled is not an opt-in list.
  • Read plain-language opt-outs like "please stop texting me", not only the word STOP.

State laws on texts

States that name text messages in their own telemarketing laws
StateLaw
FloridaFla. Stat. 501.059
OklahomaOklahoma Telephone Solicitation Act
MarylandMd. Commercial Law 14-4502
Texas also brings texts into its telemarketing registration rules unless they're consent-based. Check your state before you text.

The lower-risk order

  1. 01

    Email first

    Commercial email doesn't need prior consent, as long as it follows CAN-SPAM; see our cold email template.
  2. 02

    Get consent before any text

    A form on your site ("text me about my offer") that names your business and says messages may be automated, with a checkbox nobody has to tick to submit.
  3. 03

    Text only those who agreed

    From a registered number, naming your business, with "Reply STOP to opt out" in the first message.
  4. 04

    Keep the records

    When and where each person opted in, and every opt-out, for as long as you text them.

That's the order Parcel is built around: Deal Radar finds owners from public records, Email Outreach ($49 a month) sends the first note from your own mailbox, with the unsubscribe and postal address CAN-SPAM asks for. It doesn't send texts.

Questions

Texting someone from a list without their prior express written consent is risky: the FCC treats texts as calls under the TCPA, and each unwanted marketing text can cost $500 to $1,500. Get consent first, or start with email.

If you text from a regular 10-digit number through any app or texting tool, yes. Carriers require A2P 10DLC registration of your business and your campaign, and unregistered traffic pays extra fees or gets blocked.

No. Finding someone's number doesn't mean they agreed to texts from you, and carrier rules say rented, sold or shared lists aren't opt-in lists.

Sources

  1. 1.47 CFR 64.1200, Delivery restrictions · eCFR · read October 30, 2026
  2. 2.47 U.S.C. 227 (Telephone Consumer Protection Act) · Cornell LII · read October 30, 2026
  3. 3.What is A2P 10DLC? · Twilio · read October 30, 2026
  4. 4.CTIA Messaging Principles and Best Practices (May 2023) · CTIA · read October 30, 2026
  5. 5.Florida Statutes 501.059 · Florida Legislature · read October 30, 2026
  6. 6.Oklahoma Telephone Solicitation Act (HB 3168) · Oklahoma Legislature · read October 30, 2026
  7. 7.Maryland Commercial Law 14-4502 · Maryland General Assembly · read October 30, 2026

Changes

  • : First published.

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