Texting laws · New Jersey

New Jersey texting laws for businesses

What N.J.S.A. 2A:65D-1 to -5 (P.L.2015, c.119) says about a business texting customers in New Jersey, read from the statute.

Texting laws by stateStatute read October 29, 2026

The law

LawNew Jersey unsolicited text advertising law
CitationN.J.S.A. 2A:65D-1 to -5 (P.L.2015, c.119)
In forceApproved October 26, 2015; effective the first day of the thirteenth month after enactment
Covers texts?Yes. The law is about text messages: 'No person may send an unsolicited advertisement by means of text messaging without first receiving permission from the intended recipient' (§ 3).
Applies toAn 'unsolicited advertisement', meaning a message sent without the recipient's prior permission 'to encourage the purchase or rental of, or investment in, merchandise' (§ 1).

The rules

RuleWhat the statute saysSection
Permission firstPermission 'may be granted only with prior express authorization from the intended recipient that includes the number to which the text message advertisement may be sent', and 'may be revoked at any time'.§ 3
Charged textsNo unsolicited text advertisement to a New Jersey resident who may incur a telecommunications charge or usage deduction because of it.§ 2

Texting a customer who contacted you first

  • The law reaches only an 'unsolicited advertisement', defined as a message sent 'without the prior permission of the recipient' to encourage a purchase. It has no separate exemption for existing customers or for replies, and it does not address non-advertising texts.

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?

Penalties

A violator 'shall be subject to a civil penalty in an amount not to exceed $500 for the first violation and $1,000 for each subsequent violation, collectible by the Attorney General', and the act does not create 'a private cause of action by an aggrieved person' (§ 5).

What the statute does not settle

  • This page was written from the session law as published by the legislature (P.L.2015, c.119), read via an Internet Archive copy captured June 12, 2026, because the site does not respond from our network. Later amendments to the codified sections, if any, are not reflected.

Questions

Does New Jersey law cover text messages from businesses?

Yes. The law is about text messages: 'No person may send an unsolicited advertisement by means of text messaging without first receiving permission from the intended recipient' (§ 3).

What happens if a business breaks New Jersey's texting law?

A violator 'shall be subject to a civil penalty in an amount not to exceed $500 for the first violation and $1,000 for each subsequent violation, collectible by the Attorney General', and the act does not create 'a private cause of action by an aggrieved person' (§ 5).

Can a business text a customer who contacted it first in New Jersey?

The law reaches only an 'unsolicited advertisement', defined as a message sent 'without the prior permission of the recipient' to encourage a purchase. It has no separate exemption for existing customers or for replies, and it does not address non-advertising texts.

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.

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