Texting laws · Oregon
Oregon texting laws for businesses
What ORS 646.561 to 646.565 and 646A.370 to 646A.374 (Or. Laws 2025, ch. 580) says about a business texting customers in Oregon, read from the statute.
Texting laws by stateStatute read October 29, 2026
The law
| Law | Oregon telephone solicitation law, as amended by HB 3865 (2025) |
| Citation | ORS 646.561 to 646.565 and 646A.370 to 646A.374 (Or. Laws 2025, ch. 580) |
| In force | Amended by Oregon Laws 2025, chapter 580 (HB 3865) |
| Covers texts? | Yes, by name. 'Telephone solicitation' means a solicitation to encourage a purchase or donation 'made to the party by means of: (A) A call on a telephone or telephone line; or (B) A text message' (ORS 646.561). |
| Applies to | Solicitations encouraging a person to purchase real estate, goods or services, or to make a donation, by call or text. |
The rules
| Rule | What the statute says | Section |
|---|---|---|
| Hours and frequency | A person engages in an unlawful practice if they initiate a telephone solicitation 'outside the hours of 8 a.m. to 8 p.m.' or 'more than three separate times to a party within a 24-hour period, unless the person has an established business relationship with the party'. | ORS 646.563(1)(b) |
| Opt-outs | If the called or texted party says they do not want to be called or texted again, a later solicitation to that number is an unlawful practice. | ORS 646.563(1)(a) |
| Identity and purpose | No misrepresenting the person's identity, the business it is for, or the purpose of the solicitation. | ORS 646.563(1)(c) |
| Mobile area codes | A business may rely on the area code of a mobile number to decide whether the person is in Oregon. | ORS 646.563(2) |
Texting a customer who contacted you first
- 'Telephone solicitation' does not include 'a call or text message that responds directly to a message received from a party', or a business-to-business call or text (ORS 646.561(4)(b)).
- The hours and three-per-day limits do not apply where the business has an 'established business relationship' with the person, defined as 'a previous transaction or series of transactions between a caller and a party that occurred within the 18 months that preceded a call' (ORS 646.561(2), 646.563(1)(b)).
- The automated-dialer hour limits in ORS 646A.372 likewise do not apply to a caller that 'is responding directly to a message received from a subscriber'.
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
The statute makes these violations 'an unlawful practice'. How unlawful practices are enforced, and for how much, is set elsewhere in Oregon law and is not covered on this page.
What the statute does not settle
- The legislature's site does not respond from our network. This page was written from the enrolled bill (HB 3865, 2025) via an Internet Archive copy captured August 15, 2025, and confirmed against an archived copy of ORS chapter 646A captured October 12, 2026, which shows the amendments in force as Oregon Laws 2025, chapter 580.
- The bill text does not state its effective date.
Questions
Does Oregon law cover text messages from businesses?
Yes, by name. 'Telephone solicitation' means a solicitation to encourage a purchase or donation 'made to the party by means of: (A) A call on a telephone or telephone line; or (B) A text message' (ORS 646.561).
What happens if a business breaks Oregon's texting law?
The statute makes these violations 'an unlawful practice'. How unlawful practices are enforced, and for how much, is set elsewhere in Oregon law and is not covered on this page.
Can a business text a customer who contacted it first in Oregon?
'Telephone solicitation' does not include 'a call or text message that responds directly to a message received from a party', or a business-to-business call or text (ORS 646.561(4)(b)). The hours and three-per-day limits do not apply where the business has an 'established business relationship' with the person, defined as 'a previous transaction or series of transactions between a caller and a party that occurred within the 18 months that preceded a call' (ORS 646.561(2), 646.563(1)(b)). The automated-dialer hour limits in ORS 646A.372 likewise do not apply to a caller that 'is responding directly to a message received from a subscriber'.
Sources
- Enrolled HB 3865 (2025), Oregon Legislature (archived copy, August 15, 2025)
- ORS chapter 646A, Oregon Legislature (archived copy, October 12, 2026)
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.