SMS Marketing and Outreach Roundup

The latest on the laws surrounding SMS outreach marketing and all the BIG TCPA changes happening right now

2025 saw more TCPA class litigation than any previous year—and a disproportionately high number of those filings were targeting SMS outreach.

Moving into 2026 the SMS landscape has shifted dramatically:

1. AI-powered outbound SMS is a huge opportunity but continues to drive legal and regulatory risk;
2. Splits are developing with some courts have held SMS messages are not covered by certain portions of the TCPA while others enforce those provisions more firmly than ever;
3. SMS MFA efforts have become increasingly important but must be handled with care to avoid TCPA triggers;
4. A wave of “free-form” opt out class litigation has made texting more dangerous at times;
5. The need for express written consent has been questioned by some courts; and
6. State laws (like in Texas) have been expanded to apply to SMS messages more strictly than ever before.

As developments speed along smart companies are staying ahead with the right insights to use outreach to drive GROWTH in a tough market.

Join the famous and powerful partners from Troutman Amin, LLP—Puja J. Amin, Brittany Andres and Eric J. Troutman—as they discuss the absolute LATEST developments SMS marketers and derive providers need to know RIGHT NOW.

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