Text message or SMS marketing is a powerful way for businesses to engage with their audience and drive conversions. However, navigating the Telephone Consumer Protection Act (TCPA) is essential for maintaining legal compliance and avoiding hefty fines. This guide will cover everything you need to know about TCPA text messages, including compliance rules, key requirements, and how tools like TrustedForm can simplify the process.

Does TCPA apply to text messages?

Yes, the TCPA applies to text messages. Initially enacted in 1991 to regulate telemarketing calls, the TCPA also governs SMS messages, particularly those sent for marketing purposes. Any business using SMS for marketing must adhere to stringent TCPA requirements, including obtaining prior express written consent from recipients.

Failing to comply can result in severe penalties, ranging from $500 to $1,500 per violation, as well as potential class-action lawsuits. Thus, understanding and following TCPA rules is non-negotiable for businesses engaging in SMS marketing.

What are TCPA text message rules?

TCPA text message compliance refers to the adherence to the specific guidelines for sending SMS communications to consumers. These regulations are designed to protect consumers from receiving unwanted or unsolicited marketing messages, while ensuring businesses operate transparently and responsibly.

Compliance requires businesses to follow specific legal protocols, primarily focusing on obtaining explicit consent from consumers and providing clear mechanisms for them to opt out of future communications. TCPA compliance is critical for maintaining consumer trust and avoiding legal risks. By following the rules, businesses can:

  • Demonstrate respect for consumer privacy and preferences.
  • Avoid significant financial and reputational damage caused by non-compliance lawsuits.
  • Build stronger relationships with their audience by fostering transparency and accountability.

Core TCPA requirements for text messages

Navigating the TCPA text message complexities is essential for businesses that use SMS marketing to engage their audience. Compliance not only protects your organization from legal risks and costly penalties but also demonstrates respect for consumer rights and privacy. 

To achieve compliance, businesses must focus on addressing a few core requirements that serve as the foundation for legal and responsible SMS communications. These principles guide how businesses obtain consent, communicate transparently, and manage ongoing interactions with consumers. Here’s what you need to know to meet TCPA standards and safeguard your marketing efforts.

1. Clear disclosures

Transparency is critical in TCPA compliance. Before obtaining consent, businesses must provide clear and conspicuous disclosures that inform recipients about:

  • Explicitly stating that the recipient agrees to receive automated marketing messages from a specifically stated company.
  • The type of messages they will receive (e.g., promotional, transactional, or informational).
  • Potential charges, such as message and data rates may apply.
  • A stated option to revoke consent at any time.

2. Obtaining prior express written consent

Before sending any SMS marketing messages, businesses must secure prior express written consent from the consumer.  Be careful if using simple “call to action” messages to get campaign signups such as signs or ads saying ‘Text “SAVE” to 54321…’.  There have been numerous TCPA lawsuits asserting that just sending a response word as identified in a campaign is not full consent to receive marketing or promotional messages.  Consider this  when looking to present compliant consent language:

  • Consent should be presented and collected in a way that is clear and unambiguous, such as through a web form or robust text-to-join program instructions and responses that identify agreement to receive messages.
  • Making it clear that consent is not a condition for purchasing goods or services.
  • Specifying the phone number and the types of messages the recipient will receive.

3. Providing clear opt-out mechanisms

TCPA regulations mandate that businesses offer recipients an easy and straightforward way to opt out of receiving future messages. Every message must include a simple opt-out option, such as replying with “STOP.” Businesses must process opt-out requests within 10 business days and cannot send promotional messages after receiving an opt-out request. 

This includes:

  • Clear instructions on how to stop receiving messages (e.g., replying “STOP” or any other reasonable words that indicate revoking of consent to future messages).
  • Processing opt-out requests promptly.
  • Avoiding additional promotional messages after an opt-out request has been made. Businesses may send a final confirmation message acknowledging the opt-out, but it must not include any promotional content.

4. Record keeping requirements

Robust record-keeping is an essential component of TCPA compliance. Maintaining detailed and accurate records of consent is your strongest defense in the event of a TCPA complaint or legal dispute. These records not only demonstrate your compliance but also help build trust with your audience by showing your commitment to ethical communication practices.

What businesses must track:

  • When and how consent was obtained: Record the exact date and time consent was provided, along with the method used to collect it (e.g., web form, SMS opt-in, or paper form).
  • Exact language of the consent agreement: Preserve the specific language presented to the consumer during the consent process to show that it aligns with TCPA requirements. This includes disclosures about the nature of messages, potential charges, and the opt-out process.
  • Contact details of the recipient: Maintain accurate records of the recipient’s contact information, including their phone number, to ensure messages are only sent to those who have provided consent.

Using tools like TrustedForm can automate this process by securely documenting and storing proof of consent, minimizing the risk of human error and bolstering compliance.

5. Additional requirements

Comply with time-of-day restrictions

  • The TCPA prohibits sending text messages outside of “quiet hours,” defined as before 8 am and after 9 pm in the recipient’s time zone.
  • Many states enforce even stricter time-of-day restrictions. Research state-specific rules to avoid unintentional violations.
  • For nationwide campaigns, adjust for time zone differences. A text sent at 9 am Eastern Time may still fall within quiet hours for recipients on the West Coast.

Scrub against Do-Not-Call (DNC) lists

  • Federal DNC compliance: The National DNC Registry protects consumers from unsolicited communications. Scrub your contact list against this registry regularly to maintain compliance.
  • State DNC registries: Some states maintain their own registries, which may include additional restrictions or requirements beyond the federal list. Cross-reference these lists for added compliance.
  • Reassigned Number Database (RND):  It is common for consumers to change phone numbers when they get a new phone or service.  Establish a process to scrub phone numbers against the RND service before making any calls or sending text messages to numbers that may have been reassigned to a new owner. The RND is a national database service that contains information about recently changed phone number owners and permanently disconnected phone numbers.  By regularly checking the RND, businesses can determine whether a number has been reassigned since the last time they obtained consent from the consumer

Consult your compliance team

  • Expert review: Before launching any text message campaign, involve your legal or compliance team to verify adherence to TCPA requirements.
  • Policy updates: Compliance rules can change. Regularly consult with your team to stay updated on the latest regulations and keep your campaigns aligned with both federal and state laws.
  • Thorough documentation: Keep detailed records of your compliance processes, including scrubbing practices, time-zone adjustments, and campaign reviews.

By observing these requirements, you’ll not only avoid penalties but also build trust and credibility with your audience. Always prioritize compliance to maintain positive engagement and safeguard your organization.

How TrustedForm bolsters compliance with TCPA text messages

Managing TCPA compliance can be complex, but TrustedForm offers a streamlined solution. This tool provides independent proof of consent, helping businesses mitigate legal risks and confidently run SMS campaigns.

Key features of TrustedForm:

  • Consent documentation and storage: Record and retain consent details, including the time, date, and method of collection.
  • Automation: Reduces manual processes by automating the approval or rejection of consent language variations at the time of acquisition.

By integrating TrustedForm into your lead generation and SMS campaigns, you can simplify compliance, reduce risk, and focus on delivering impactful marketing messages.

Final thoughts

Staying TCPA-compliant is essential for running effective and ethical SMS marketing campaigns. By following TCPA rules—securing prior express written consent, providing clear disclosures, and honoring opt-out requests—you can protect your business from legal risks and build consumer trust.

Investing in compliance today can keep your SMS marketing efforts remain both effective tomorrow and beyond. Tools like TrustedForm can simplify compliance by providing robust consent management and documentation capabilities. To learn more about how TrustedForm can help you navigate TCPA text message regulations, discover TrustedForm now.

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Written by Andrew Bailey

Andrew Bailey is an experienced digital marketer and industry strategist for ActiveProspect with over 10 years of content-creation experience.

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