What time can a business text customers? 8 a.m. to 9 p.m. their local time, 8 p.m. in some states
By Sharrk Team · October 27, 2026
A business should send marketing texts only between 8 a.m. and 9 p.m. in the customer's local time, and only until 8 p.m. in Florida, Oklahoma and Maryland. Sharrk takes care of this for you: Strike follow-up steps send from 8 a.m. to 8 p.m. by default, and automated calls and texts wait for that window to open.
The federal limit comes from the Telephone Consumer Protection Act (TCPA) rules. Several states set a shorter evening cutoff. Replies to a customer who just texted you, and messages that aren't selling anything, work differently. This guide explains each case. It's a plain-English summary, not legal advice, so check your own campaigns with a lawyer.
What time can businesses legally text customers?
Under the FCC's TCPA rules, a business may not send a telephone solicitation to a residential subscriber "before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)." That is 47 C.F.R. § 64.1200(c)(1).
Three details matter:
- The customer's time zone counts, not yours. A shop in Florida texting a lead with an Arizona area code has to use the lead's local time.
- Texts are covered. Section 64.1200(e) applies these rules to anyone "making telephone solicitations or telemarketing calls or text messages to wireless telephone numbers." Law firm Benesch also notes that the FCC has treated texts as calls and that "residential" can include cell phones.
- It covers solicitations, not every message. The rule targets messages that encourage someone to buy something. The next section explains the exceptions.
Does the 8 a.m. to 9 p.m. rule apply to every business text?
No. The federal definition of "telephone solicitation" leaves out three kinds of messages:
- Messages sent with the person's "prior express invitation or permission"
- Messages to someone with whom the business has an "established business relationship"
- Messages from a tax-exempt nonprofit
Those exceptions are narrower in practice than they sound. In March 2025, Benesch reported that dozens of class actions had been filed in about four months against brands that sent promotional texts outside 8 a.m. to 9 p.m. In most of those cases, the customers had signed up for marketing texts. They argue they never agreed to get them during quiet hours. In March 2025, a group of e-commerce businesses asked the FCC to rule that people who consent can't sue over quiet-hours texts. As of May 2026, Squire Patton Boggs reported that the FCC had not acted on that petition.
The first reported court decision on the question came on April 30, 2026. In King v. Bon Charge (D. Del.), the court held that texts sent with the consumer's express consent were not "telephone solicitations," so the quiet-hours provision did not apply. That is one district court ruling on its own facts. The safe habit is still to keep every marketing text inside the window.
Which states have stricter texting hours?
The table includes only the states we could confirm against the statute or a law-firm summary. Other states have their own telemarketing laws, so check every state where your customers live.
| State | Allowed window | Extra limit | Covers texts? |
|---|---|---|---|
| Federal (TCPA) | 8 a.m. to 9 p.m. | None on frequency | Yes, under 47 C.F.R. § 64.1200(e) |
| Florida (Fla. Stat. § 501.616(6)) | 8 a.m. to 8 p.m. | 3 solicitations per 24 hours on the same subject | The hours section says "phone call"; counsel such as Goodwin recommends keeping both calls and texts inside 8 a.m. to 8 p.m. |
| Oklahoma (Telephone Solicitation Act, effective Nov. 1, 2022) | 8 a.m. to 8 p.m. | 3 per 24 hours on the same subject | Yes, according to TCPAWorld's summary ("calls/texts") |
| Maryland (Stop the Spam Calls Act, effective Jan. 1, 2024) | 8 a.m. to 8 p.m. | 3 per 24 hours on the same subject | Likely; Kelley Drye reads "communicate by telephone" as including texts |
For most home-service and local businesses, the simplest rule is 8 a.m. to 8 p.m. in the customer's local time, for every marketing text, in every state. That one window meets both the federal rule and the three stricter state rules above.
Can you reply to a customer's text after 9 p.m.?
Usually, yes. If a customer texts you at 10 p.m. asking for a quote, answering that question isn't a cold solicitation. They invited the conversation. The federal definition excludes messages sent with the person's "prior express invitation or permission."
Keep the reply on topic. Answer what they asked, offer a time to talk, and wait for business hours to send anything else. If the late reply turns into a run of promotional follow-ups, you're back in solicitation territory.
Do appointment reminders and job updates have to follow quiet hours?
Messages that aren't selling anything, such as confirmations, "your tech is 20 minutes out" alerts and receipts, aren't trying to get anyone to buy. So they generally fall outside the "telephone solicitation" definition behind the federal time rule. Customers still don't want a reminder at 11 p.m., though. For timing that works in practice, see when to send appointment reminder texts.
Be careful with mixed messages. A reminder that adds "and 20% off a duct cleaning while we're there" is now a marketing message, and quiet hours apply.
What is a safe texting schedule for a local business?
| Message type | When to send | Notes |
|---|---|---|
| Marketing, promos, follow-up to an old lead | 8 a.m. to 8 p.m. customer local time | Meets the federal rule and FL, OK, MD |
| Reply to a customer who just texted or submitted a form | Right away, once | Answer what they asked; schedule anything more for business hours |
| Appointment confirmation or job update | When it's useful, ideally business hours | Keep it free of promotions |
| Follow-up after the customer goes quiet | Next morning after 8 a.m. | In FL, OK and MD, stay at 3 or fewer solicitations per 24 hours |
Two more habits help. Put "Reply STOP to stop" in your texts and honor opt-outs right away. Get consent before you text anyone automatically. Our guide to AI voice calls and the TCPA covers the consent side. Texting from a business number also requires A2P 10DLC registration. See what 10DLC registration costs.
How does Sharrk keep business texting hours for you?
Sharrk's AI voice and text agents answer every call and text 24/7 and reply to new leads in under 30 seconds by text, call or email. Follow-up runs through Strikes, which are automatic multi-step sequences of AI calls, AI text conversations, texts, emails, ringless voicemail drops, video texts and review requests.
Strike steps send from 8 a.m. to 8 p.m. in your account's time zone by default. Each Strike can set its own time zone and window. Automated calls and texts wait until the window opens, and calls always wait. A lead who reaches out at night still gets one immediate text or email, so they hear back right away, and the rest of the follow-up holds until morning. Emails can go out any time. Every text ends with "Reply STOP to stop or HELP for help." STOP replies are handled automatically. If you reactivate an old list with a lead reactivation Hunt, Hunts have quiet hours and Do Not Call checks built in.
Mako, Sharrk's AI assistant, sets all of this up from plain English. Tell Mako "follow up with new roofing leads for two weeks, texts only between 9 a.m. and 7 p.m. Central," and it drafts the Strike with that window. Every change appears on an Apply card, Mako waits for your OK, and you can Undo.
Build and test it on Sharrk Free with 2,500 one-time credits and no card, then go live on Core at $99 a month. Want to see it first? Schedule a demo.
Related on Sharrk: Speed to Lead · Lead Reactivation · AI Receptionist
Sources
- Electronic Code of Federal Regulations, 47 C.F.R. § 64.1200, "Delivery restrictions" (current): https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L (checked October 27, 2026)
- Benesch (Mark S. Eisen, David M. Krueger), "Time-of-Day TCPA Cases Inundate the Federal Docket" (March 17, 2025): https://www.beneschlaw.com/insight/time-of-day-tcpa-cases-inundate-the-federal-docket (checked October 27, 2026)
- Squire Patton Boggs (Paul Besozzi), "No Calls During TCPA 'Quiet Hours?' – Unless You Consent" (May 2026): https://www.squirepattonboggs.com/insights/publications/no-calls-during-tcpa-quiet-hours-unless-you-consent/ (checked October 27, 2026)
- The Florida Senate, "2025 Florida Statutes, 501.616 Unlawful acts and practices": https://flsenate.gov/Laws/Statutes/2025/501.616 (checked October 27, 2026)
- Goodwin, "Florida Tightens Telemarketing Restrictions In Wake of Duguid Ruling" (July 1, 2021): https://www.goodwinlaw.com/en/insights/publications/2021/07/07_01-florida-tightens-telemarketing-restrictions (checked October 27, 2026)
- Jones Day, "Florida Makes Significant Changes to State Telemarketing Laws" (July 2021): https://www.jonesday.com/en/insights/2021/07/florida-makes-significant-changes-to-telemarketing-laws (checked October 27, 2026)
- TCPAWorld (Puja Amin), "Happy OTSA Day: Oklahoma Telephone Solicitation Act Goes Into Effect Starting Today" (November 1, 2022): https://tcpaworld.com/2022/11/01/happy-otsa-day-oklahoma-telephone-solicitation-act-goes-into-effect-starting-today/ (checked October 27, 2026)
- Lerman Senter, "Oklahoma Passes New Telephone Solicitation Act Similar to the Federal TCPA" (July 22, 2022): https://www.lermansenter.com/?p=3249 (checked October 27, 2026)
- Kelley Drye, "Maryland's New Telemarketing Law Now in Effect" (undated): https://kelleydrye.com/viewpoints/blogs/ad-law-access/marylands-new-telemarketing-law-now-in-effect (checked October 27, 2026)
- Maryland General Assembly, "HB0037 (2023 RS), Stop the Spam Calls Act of 2023" (Chapter 414, effective January 1, 2024): https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0037?ys=2023RS (checked October 27, 2026)
Frequently asked questions
What time can a business text customers?
Send marketing texts between 8 a.m. and 9 p.m. in the customer's local time, the federal TCPA window in 47 C.F.R. § 64.1200(c)(1). Florida, Oklahoma and Maryland cut off at 8 p.m., so 8 a.m. to 8 p.m. is the safest window everywhere.
Do TCPA quiet hours apply to text messages?
Yes, the FCC's rules apply the time-of-day restriction to telephone solicitations by text message to wireless numbers (47 C.F.R. § 64.1200(e)). The rule covers solicitations, meaning messages that encourage a purchase.
Whose time zone counts for business texting hours?
The customer's time zone counts, not the business's. The federal rule measures 8 a.m. and 9 p.m. in local time at the called party's location.
Can I text back a customer who messaged me late at night?
Usually yes, because the federal definition of telephone solicitation excludes messages sent with the person's prior express invitation or permission. Answer what they asked, then save any further follow-up for business hours.
Do consented marketing texts still have to follow quiet hours?
The safe answer is yes. A Delaware federal court ruled in April 2026 that consented texts were not telephone solicitations, but that is one decision, and the FCC had not ruled on a pending petition as of May 2026.
How many marketing texts can I send in one day?
Federal rules set no daily cap, but Florida, Oklahoma and Maryland limit solicitations to three per 24 hours on the same subject. Staying at three or fewer per day keeps you inside all three.