Texting laws · California
California texting laws for businesses
What Cal. Bus. & Prof. Code § 17538.41 says about a business texting customers in California, read from the statute.
Texting laws by stateStatute read October 29, 2026
The law
| Law | California text message advertising law |
| Citation | Cal. Bus. & Prof. Code § 17538.41 |
| In force | As amended effective January 1, 2006 |
| Covers texts? | Yes. No business 'shall transmit, or cause to be transmitted, a text message advertisement' to a mobile phone or messaging device of a California resident. |
| Applies to | Texts 'the principal purpose of which is to promote the sale of goods or services', or a political purpose, consisting of advertising material. |
The rules
| Rule | What the statute says | Section |
|---|---|---|
| Text advertisements | No text message advertisement to a mobile, pager or two-way messaging number assigned to a California resident, except as the statute allows. | § 17538.41(a) |
Texting a customer who contacted you first
- The ban 'shall not apply to text messages transmitted by a business ... that has an existing relationship with the subscriber if the subscriber is offered an option not to receive text messages from that business' (§ 17538.41(c)).
- It also does not apply to texts from an affiliate of that business if the subscriber consented to affiliate texts (§ 17538.41(d)).
- A text that is not an advertisement, because its principal purpose is not to promote a sale, falls outside the section.
This matters for missed-call text-back, which replies to someone who just called the business. Federal rules and the reply-versus-marketing line are covered in is missed-call text-back legal?
Contractor websites in California
13% of the 312 California contractor homepages we loaded on a phone in October 2026 had an online booking tool and 11% had a chat or text option. 79% had neither, so after hours a call or a form was the only way in, and 43% had no form either.
| What the homepage has | California | All 21 states |
|---|---|---|
| Sites loaded | 312 | 2407 |
| A tap-to-call link coded in | 71% | 76% |
| An online booking tool | 13% | 12% |
| A chat widget or text option | 11% | 15% |
| Neither booking nor chat or text | 79% | 77% |
| Neither, and no form either | 43% | 41% |
These are plumbing, HVAC, electrical, roofing, landscaping, painting, carpentry and general contractor homepages listed in OpenStreetMap, checked on the homepage only, so booking and chat figures are a floor. The method and the national numbers are in our contractor website study. On those sites a customer who cannot book or message has to call, and a call you miss can still get a reply by text; Nova's missed-call text-back is $99 a month.
Penalties
Section 17538.41 does not set its own damages or penalty amount.
What the statute does not settle
- The statute does not define 'existing relationship'.
- How a violation is enforced, and for how much, is not in this section and is not covered here.
Questions
Does California law cover text messages from businesses?
Yes. No business 'shall transmit, or cause to be transmitted, a text message advertisement' to a mobile phone or messaging device of a California resident.
What happens if a business breaks California's texting law?
Section 17538.41 does not set its own damages or penalty amount.
Can a business text a customer who contacted it first in California?
The ban 'shall not apply to text messages transmitted by a business ... that has an existing relationship with the subscriber if the subscriber is offered an option not to receive text messages from that business' (§ 17538.41(c)). It also does not apply to texts from an affiliate of that business if the subscriber consented to affiliate texts (§ 17538.41(d)). A text that is not an advertisement, because its principal purpose is not to promote a sale, falls outside the section.
How many California contractor websites offer online booking?
13% of the 312 California contractor homepages we loaded on a phone in October 2026 had an online booking tool and 11% had a chat or text option. 79% had neither, so after hours a call or a form was the only way in, and 43% had no form either.
Sources
Read October 29, 2026. Federal law (the TCPA and FCC rules) applies on top of state law everywhere. This page describes what the statute says. It is general information, not legal advice, and it does not cover your message content or your industry. Talk to a lawyer before relying on it.