A few states ask businesses that sell by phone, and in some states by text, to register with the state, post a bond or get a license before they send offers. This applies to your business, not to Mallard Bay, because you're the one sending the texts (Outfitter Terms, Text Messaging §17.8). Mallard Bay doesn't register for you, and we don't block your texts. This page helps you check whether a state rule might apply to you.
Which texts this is about
Mostly promotional texts that go to several people with the same offer, like a blast about open dates or a season special.
These usually aren't covered:
- trip texts: confirmations, reminders and directions
- receipts and payment texts
- replying to a guest's own question
States to check first
Alaska. Alaska requires anyone who sells by "telephonic means", which includes texts, to register with the Alaska Department of Law 30 days before each promotional campaign. There's no exception for customers who agreed to receive texts, and not registering is a felony. If your business is in Alaska, or you send promotions to guests in Alaska, check with the Department of Law's Consumer Protection Unit before your first promotional blast.
Mississippi. The state's telephone solicitation law covers texts. The main exception is customers you've done business with in the last 6 months. Promotions to older or new contacts may need registration.
Ohio, Florida, Alabama and Colorado. A text that names a price or open dates and asks the guest to call you to book can count as phone selling that needs a license or registration. Ohio also requires a $50,000 bond. It's unclear whether Ohio covers texts at all. The simple way around it: link to online booking instead of asking people to call.
California and Arkansas. Be careful with "below our regular price" claims in texts to people who haven't bought from you before.
Rhode Island and Oregon. Be careful with texts offering a prize, a giveaway or a free item.
Montana and Delaware. It isn't clear whether their rules reach texts. Montana exempts existing and past customers.
If your state isn't listed
Most states don't require registration for texts to customers who agreed to receive them. Rules change, though. If you're unsure, ask your state attorney general's consumer protection office, or your own lawyer.
What Mallard Bay already does for every text
- Only texts guests who agreed to texts from you, and keeps the record of that agreement.
- Stops texting anyone who replies STOP or asks to stop.
- Holds promotional texts to 9am–8pm in the guest's time zone, never on Sundays or holidays.
- Adds your business name and "Reply STOP to opt out" to promotions.
This page is general information, not legal advice.
