If your business has just started thinking about TCPA compliance, you’re not alone—and you’re right to take it seriously. The Telephone Consumer Protection Act (TCPA) is one of the most important US laws governing how businesses communicate with consumers. Whether you’re making sales calls or launching SMS marketing campaigns, understanding TCPA guidelines is essential to avoid hefty fines and protect your brand.

In this post, we’ll break down TCPA guidelines in 2025, including key updates from the Federal Communications Commission (FCC), and what they mean for SMS and telemarketing. We’ll also explain what it takes to be compliant and how tools like TrustedForm can help simplify and document your compliance efforts.

What is the TCPA?

The TCPA was enacted by the FCC in 1991 to regulate telemarketing and protect consumers from unwanted communications. It covers a wide range of practices, including:

  • Auto-dialed phone calls
  • Prerecorded voice messages
  • SMS and MMS text messages
  • Fax advertisements (yes, those still count)
  • Do-Not-Call (DNC) lists

Non-compliance can result in statutory damages ranging from $500 to $1,500 per violation—and if you’re sending messages or calling thousands of consumers, those numbers add up quickly.

TCPA guidelines 2025: What’s new this year?

The regulatory landscape around TCPA consent is always evolving. In 2025, several FCC TCPA guidelines updates have made compliance more nuanced—especially around SMS and consent practices. Here’s what you need to know:

1. FCC TCPA guidelines: The 2025 update

The FCC oversees the enforcement and interpretation of the TCPA. In recent months, the FCC TCPA guidelines have focused on improving consumer protections in the face of evolving technology, including AI-generated calls and SMS bots.

Key changes and clarifications in 2025 include:

  • Stricter enforcement of opt-out mechanisms: Marketers must honor not only standard keywords like “STOP” but also any reasonable expressions of a consumer’s intent to opt out (e.g., “cease all messages”).
  • AI and automation oversight: AI-driven voice tools that send messages or speak on calls are not exempt from TCPA rules. If you use automated technology to engage leads, prior express written consent is still required.
  • Reassigned Number Database (RND): You’re expected to scrub your contact lists using the FCC’s RND to avoid contacting numbers that have changed ownership.
  • One-to-one consent rollback: The FCC removed its controversial one-to-one consent rule, but businesses are still responsible for documenting clear and valid consent for each consumer.

2. TCPA guidelines for SMS in 2025

Text messaging remains one of the most effective marketing communication channels but there are a number of areas that need purposeful compliance attention in 2025 to avoid unwanted regulator or legal action attention. 

The TCPA requirements around SMS messages emphasize:

  • Prior express written consent is required for all marketing messages sent via SMS.
  • Clear opt-out instructions must be included in every message. Consumers should be able to respond with “STOP” or similar phrases to opt out.
  • Quiet hours restrictions apply: At the federal level, you cannot send marketing messages before 8:00 a.m. or after 9:00 p.m. in the recipient’s time zone. However, many states have their own TCPA calling hours that might differ from federal ones.
  • Documented proof of consent is essential. It’s not enough to have a list of phone numbers—you must be able to show how, when, and where consent was obtained.

How to stay compliant with TCPA guidelines

Staying compliant doesn’t have to be overwhelming. Here are the key steps every marketer should follow:

1. Secure clear, documented consent

The first and most important step is to gather prior express written consent from anyone you plan to contact via SMS or auto-dialed calls. This means:

  • Displaying a clear, conspicuous notice before a consumer provides their information.
  • Including language that specifies they agree to receive marketing messages.
  • Making it clear that consent is not a condition of purchase.

If you’re using web forms, make sure they include compliant consent language and capture timestamped records.

2. Honor opt-out requests promptly

The start of every SMS communication campaign must include an opt-out mechanism, and you’re expected to process opt-out requests within 10 business days. Avoid sending any promotional follow-ups after someone has opted out.

Best practices include:

  • Monitoring for freeform opt-outs (e.g., “stop messaging me”, “unsubscribe”, “remove me”).
  • Sending a final confirmation message, without any marketing content.

3. Scrub lists regularly

Compliance doesn’t end once you’ve captured consent. Your list must be kept up to date to avoid:

  • Messaging numbers on the National Do-Not-Call (DNC) Registry.
  • Contacting numbers in state-specific DNC lists (where applicable).
  • Reaching out to reassigned or recycled numbers by checking the Reassigned Number Database (RND) service.

4. Respect time-of-day restrictions

The TCPA prohibits calls or texts outside of 8 a.m. to 9 p.m. local time for the recipient. Many states enforce even stricter “quiet time” rules, so make sure your systems can account for time zones and state-level variations.

5. Keep detailed records

If you face a TCPA complaint, your best defense is documentation. That means:

  • Timestamped proof of consent.
  • Screenshots or copies of the consent language presented.
  • Records of opt-in and opt-out actions.
  • A log of messages sent and responses received.

How TrustedForm helps simplify TCPA compliance

One of the best ways to reduce risk and help guarantee compliance is by using a trusted tool to capture and store proof of consent. That’s where TrustedForm by ActiveProspect comes in.

TrustedForm is a consent verification solution that helps businesses collect, verify, and store independent proof of a lead’s opt-in. Here’s how it supports your TCPA compliance:

Independent proof of consent

TrustedForm certifies where, when, and how consent was obtained, capturing:

  • A session replay of the exact moment the user submitted their information
  • A timestamp and session metadata
  • The lead’s IP address and location

This data can be used to defend your business in the event of a TCPA claim or audit.

CTA_TFCertDemonstration

Real-time verification

TrustedForm works in real time with your lead capture forms and lead vendors, allowing you to reject leads that lack valid consent language and webform presentation before they hit your CRM. Check out this guide to see how to set up TrustedForm.

Secure storage and audit trails

Every TrustedForm Certificate can be stored securely and accessed on demand for up to five years, giving your compliance team a complete, auditable record of consent for every lead.

Final thoughts

In today’s regulatory environment, compliance is not optional—it’s a business necessity. The TCPA guidelines 2025 are more detailed and enforced than ever before, particularly when it comes to SMS marketing and AI-powered outreach. By following FCC TCPA guidelines, documenting consent, and using tools like TrustedForm, your business can stay compliant and build consumer trust.

Getting started with TCPA compliance may feel daunting, but a few thoughtful steps can protect your brand from lawsuits, fines, and reputational damage. And in the process, you’ll create a better experience for your customers—one based on consent, transparency, and trust.

CTA_TFDemo

Tagged:

, , ,

Written by Marialuisa Aldeghi

Marialuisa brings a wealth of expertise to the table as an accomplished content writer and strategist with years of experience in the B2B digital marketing landscape.

Stay in the loop! Subscribe to the recAP email list to get our latest updates and insights.