Generally, a law firm needs consent, but the consent for a text that answers a caller's own request is lighter than the consent for marketing. A person who calls a firm and gives a number has usually consented to informational texts about that request, while marketing texts need prior express written consent. Every business text on a standard number also needs A2P registration, which GoHighLevel requires. The bottom line: confirm consent in writing where you can, keep the records, honor opt outs fast, and keep the first text strictly about the person's request.
The federal picture
An ActiveProspect guide says TCPA implied consent may apply for purely informational messages if the consumer's number was voluntarily provided, and a law firm's BCLP summary states that businesses do not need prior express written consent for informational communications. Marketing texts to wireless numbers sent with covered technology need prior express written consent, and a message that includes an offer or language designed to sell is reclassified as marketing, according to a vendor compliance guide. The FCC's one to one consent rule, which would have required separate consent for each seller, was vacated by the Eleventh Circuit on January 24, 2025 in Insurance Marketing Coalition v. FCC, so the older, broader rule applies, according to Kelley Drye.
Opt outs
The FCC's 2024 order lets people revoke consent by any reasonable means, requires callers to honor requests within a reasonable time not to exceed 10 business days, and treats the words stop, quit, end, revoke, opt out, cancel, and unsubscribe as automatically reasonable. BCLP advises retaining documentation of opt out requests for at least four years, the TCPA's limitations period. The FCC released a further revision of the revocation rules on September 9, 2026, that would take effect 30 days after Federal Register publication, so confirm which version applies when you launch. Vendor guides report that several states have added their own texting rules.
Carrier registration is separate
Vendor compliance guides say texting from a standard 10 digit business number requires A2P 10DLC brand and campaign registration through The Campaign Registry, and that carriers block unregistered traffic. Registration does not replace consent, and consent does not replace registration.
| Situation | Consent needed | Example |
|---|---|---|
| Caller gave a number and asked to be contacted | Prior express consent, informational | We got your call, an attorney will call you back today |
| Reminder for a booked consultation | Prior express consent, informational | Your consultation is tomorrow at 10:00 |
| Offer or promotion to a past inquirer | Prior express written consent, marketing | A seasonal update with an offer |
| Any text to someone who opted out | None allowed | Stop all messages |
Build it in GoHighLevel
- Complete A2P brand and campaign registration in your GoHighLevel account, using the registration steps on the help portal.
- Add a consent line to every form, chat widget, and booking page, and store the form submission as the record.
- Record verbal consent on a call as a note and a tag, such as Consent to text, with the date.
- Write the first text so it only answers the person's request.
- Turn on Stop on Response, and build a workflow that adds an Opted out tag for the opt out words in the FCC list and removes the contact from every messaging workflow.
- Export the consent and opt out records every quarter and keep them for at least four years.
Worked example
For example, a firm that texts 200 callers a month keeps 200 consent records a month, 2,400 a year (200 times 12). Storing them as tags and form entries makes the record part of the workflow, not a separate task.
Mistakes to avoid
- Slipping a promotion into an informational text. It becomes marketing.
- Skipping A2P registration. Carriers block unregistered traffic.
- Ignoring informal opt outs. Any reasonable means counts.
- Not keeping records. Keep them for at least four years.
How this was handled before
Firms called back within a day and left a message. Texting is faster and cheaper, and it comes with federal consent rules, carrier registration, and a growing set of state rules that the phone call never faced.
What to measure after launch
Track texts sent, opt outs, opt outs honored within a day, and consent records on file. Audit a sample of contacts each quarter for a consent record.
Check before you switch it on
US text messages sent from a standard 10 digit number need A2P 10DLC registration. The HighLevel support portal says registration is required for texts to US recipients from 10 digit long code numbers and that toll free numbers do not require it. HighLevel's opt in guidelines also say a person cannot be forced to agree to text messages in order to submit a form, so keep the consent box optional. One compliance guide separates informational texts, which need documented consent, from marketing texts, which need prior express written consent. Ask your attorney which category your reminders fall into. This is a summary of federal rules from law firm and vendor sources, and state rules differ, so have counsel review your consent language and opt out process. This is general information, not legal advice.
Questions people ask
Does a caller consent to texts?
An ActiveProspect guide says implied consent may apply to informational messages when a number was voluntarily provided. Marketing needs written consent.
What happened to the one to one consent rule?
The Eleventh Circuit vacated it on January 24, 2025.
How long should consent and opt out records be kept?
BCLP advises at least four years, the TCPA's limitations period.
Ready to try it yourself? Start a GoHighLevel account here.
You can also see this in action in our GoHighLevel capabilities demo.