These apply to any business that texts or emails customers, not just restaurants. Several come from secondary summaries because the FCC and eCFR pages returned 403, so check current text with your lawyer or the agency before relying on dates.
Consent. Promotional texts need prior express written consent. Per a secondary summary, statutory damages under the TCPA are $500 to $1,500 per message. Toast's own SMS terms require a record of consent. The FCC adopted a one-to-one consent rule in December 2023, and the Eleventh Circuit vacated it on January 24, 2025, the day before it took effect (secondary).
Revocation. Effective April 11, 2025, revocations must be honored within 10 days, and 'stop', 'quit', 'end', 'revoke', 'opt out', 'cancel' and 'unsubscribe' must be recognized. One part of the rule (revocation applying across all message types) was delayed to January 31, 2027 (secondary).
Send hours. 8 a.m. to 9 p.m. in the recipient's time zone (Toast support). Third parties say Florida, Oklahoma and Washington narrow this to 8 a.m.–8 p.m., and Maryland as well; Florida and Oklahoma also have a three-call-per-24-hour limit (secondary).
Carrier rules. Carrier and CTIA monitoring of SHAFT-C content can block alcohol-related texts.
Email (CAN-SPAM, FTC). Requires an accurate header, a truthful subject line, an ad disclosure, a physical postal address and a working opt-out honored within 10 business days. Penalties are up to $53,088 per email, and the business stays responsible when a vendor sends on its behalf.
Alcohol (restaurants and bars). State rules vary. Secondary sources say happy-hour limits include one beverage type per day, hour caps and midnight cutoffs, and Massachusetts bans happy-hour promotions entirely. Alcohol content in email, SMS or social often needs age verification. Meta requires 21+ targeting for US alcohol ads.
Menu content (restaurants). Chains of 20+ locations under the same name must show calories on menus, including internet menus (FDA; secondary summary). That applies to website and online-ordering menus built on Owner.com, Popmenu, BentoBox and the POS vendors. Whether it covers third-party delivery menus is described as ambiguous.