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Guide

Are payment reminder text messages legal? Consent, rules and who is responsible

Payment reminder texts are treated differently from marketing in most countries — but the business that sends them is responsible for doing it lawfully.

By RemindCash Updated

In most countries a text message that reminds an existing customer about a real invoice or payment is a service message, not marketing — so the strict consent rules for marketing texts usually do not apply, as long as the message contains no promotion. The rules still differ by country and channel, and some (such as US rules for automated texts) require that the customer gave you their number for this purpose. Either way, the business that sends the reminder is responsible for having the right to contact its customer, not the software it uses.

This page is general information, not legal advice. Rules change and depend on your country, your customer's country and your sector; check with a lawyer for your situation.

Who is responsible?

The person receiving the reminder is your customer, and the relationship is yours. Software such as RemindCash sends reminders in your name and on your instructions. Under data-protection law you are the controller of your customers' data and the software provider is your processor. That means it is up to you to:

  • collect your customer's phone number and tell them you will use it for payment reminders;
  • make sure the content of every message is lawful;
  • stop when a customer asks you to.

The simplest safeguard is to agree on it with your customer up front: add a line such as "Payment reminders may be sent by email and SMS" to your contract, proposal or invoice terms.

Service message or marketing?

Most rules draw the same line:

Message Usually treated as
"Invoice 1042 for $245 is due on 15 Oct." Service / transactional message
"Invoice 1042 is now overdue. Pay here: …" Service / transactional message
"Your invoice is due soon. 20% off our new package this month!" Marketing — the promotion changes the category
A promotion sent to someone who owes you nothing or is no longer a customer Marketing

Adding even one promotional sentence can turn a reminder into a marketing message with stricter consent rules. Keep reminders about the payment only.

Country examples

  • EU and UK. Electronic marketing rules require prior consent for marketing texts, but service messages about an existing contract are not direct marketing. Under the GDPR, using a customer's number to collect a payment they owe usually relies on the performance of a contract. The UK ICO's guidance on direct marketing explains the difference between service messages and marketing.
  • United States. The Telephone Consumer Protection Act (TCPA) requires the customer's prior express consent for automated texts to a mobile number, including informational ones; the FCC has said that a customer who gives their number to a business in connection with a transaction has generally consented to be contacted about it. Marketing texts need prior express written consent. Third-party debt collectors are also subject to the FDCPA and Regulation F. Always honour opt-out replies such as STOP.
  • Türkiye. Under the regulation on commercial electronic messages, notices about collections and debt reminders do not require prior consent and are not checked against İYS, provided they contain no promotion. KVKK still requires you to inform customers how you use their number. Details are in the Turkish version of this guide.

A compliant payment reminder text

  • Say who you are: your business name at the start or as the sender name.
  • Include the amount, due date and invoice number.
  • Give one way to pay or to reply.
  • No offers, discounts or product news.
  • No threats, shaming or pressure; stay polite and factual.
  • Send during reasonable hours in your customer's time zone.
  • Never send debt details to anyone other than the person who owes the payment.
  • Stop when a customer disputes the invoice or asks you to stop.

Copy-ready short messages are in the payment reminder text message templates.

How RemindCash helps

RemindCash sends reminders in your business's name, using templates you approve, within the send hours you set and in your customer's time zone. Reminders stop when a receivable is marked paid, paused or disputed. For email, each customer's permission and opt-out status is recorded and opted-out contacts are not sent to.

SMS and WhatsApp are not open yet. They will use prepaid credits and be enabled per country only after a registered sender identity is verified, and the same rule — no reminders to opted-out or disputed contacts — will apply. Agreeing with your customers on how you remind them, and telling them, always remains your responsibility.

Sources

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