Guides / Marketing
Text and email marketing rules for restaurants
Before sending marketing texts, get the guest's written consent, and stop messaging within 10 business days of any reasonable opt-out request, such as replying STOP. Marketing emails must have an honest subject line, your postal address and a working unsubscribe link, and opt-outs must be honored within 10 business days.
- Marketing texts need prior express written consent.
- Honor opt-outs by any reasonable means, within 10 business days.
- Send texts only between 8 a.m. and 9 p.m. in the guest's time zone.
- Emails: honest subject, postal address, working unsubscribe.
- Register your texting brand and campaign (10DLC) with carriers.
Text messages: the rules
- Consent: marketing texts sent through texting platforms generally need the guest's prior express written consent, and carriers expect it too. A clear checkbox or keyword opt-in with consent language works.
- Opt-out by any reasonable means: since April 11, 2025, FCC rules say guests can revoke consent in any reasonable way, including replying STOP, QUIT, END, REVOKE, OPT-OUT, CANCEL or UNSUBSCRIBE.
- 10 business days: honor the opt-out within 10 business days. You may send one confirmation text, with no marketing in it.
- Quiet hours: FCC rules limit telephone solicitations to 8 a.m. to 9 p.m. in the recipient's local time. Treat marketing texts the same way.
- Carrier registration: businesses texting from a regular 10-digit number must register their brand and campaign (10DLC) through their messaging provider.
Consent language that works
"Text me specials from [Restaurant]. By checking this box, you agree to receive marketing text messages from [Restaurant] at the number above. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. Consent is not a condition of purchase."
Keep the box unchecked by default, and save the date, time and wording each guest agreed to.
Email: the 8 CAN-SPAM rules
- Accurate From, To and Reply-To information.
- A subject line that matches the content.
- Identify the message as an ad.
- Include your valid physical postal address.
- Explain clearly how to opt out.
- Honor opt-outs even from existing customers.
- Honor opt-outs within 10 business days.
- Monitor anyone sending email on your behalf. You stay responsible.
A safe routine for restaurants
- Collect consent at checkout, online ordering and the free Wi-Fi page, never by adding numbers from receipts without permission.
- Send a few useful messages a month.
- Process STOP and unsubscribe automatically.
- Keep consent records.
Questions owners ask
Can I text customers who ordered from me before?
Order updates are informational. Marketing texts need written consent first.
How fast must I stop texting someone who replies STOP?
Within 10 business days, and many systems do it instantly.
Do I need consent to email customers?
CAN-SPAM doesn't require prior consent for email, but you must follow its 8 rules and honor opt-outs.
What's the penalty for breaking CAN-SPAM?
Up to $53,088 for each separate email that violates the law.
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