What is TCPA Compliance for SMS Marketing?
TCPA compliance refers to the rules under the Telephone Consumer Protection Act that govern how businesses can send marketing text messages — including consent requirements, opt-out handling, and quiet hours.
What is TCPA Compliance for SMS Marketing?
The Telephone Consumer Protection Act (TCPA) is a federal law that regulates how businesses can contact consumers via phone calls and text messages. For SMS marketing, TCPA establishes requirements around consent, opt-out mechanisms, identification, and sending windows.
TCPA compliance is not optional. Violations can result in penalties of $500–$1,500 per unsolicited text message. For businesses sending thousands of texts, non-compliance can mean millions in liability. Several high-profile class action lawsuits have resulted in settlements exceeding $100 million.
Every SMS marketing program — whether promotional, transactional, or text-to-buy — must comply with TCPA rules. Understanding and implementing these requirements is foundational to running a legally sound SMS program.
How does TCPA Compliance for SMS Marketing work?
TCPA compliance for SMS marketing rests on several pillars. First, prior express written consent: customers must explicitly agree to receive marketing texts before you send them. This means a clear opt-in through a form, keyword, or checkbox — not assumed consent from making a purchase. The consent must be documented and stored.
Second, clear opt-out mechanism: every marketing text must include or make available an easy way to unsubscribe. Replying "STOP" must immediately cease messages. Opt-out requests must be processed promptly.
Third, sender identification: messages must identify who is sending them. Fourth, quiet hours: marketing texts should not be sent before 8 AM or after 9 PM in the recipient's local time zone. Fifth, content compliance: messages must match what the customer consented to receive.
Why does TCPA Compliance for SMS Marketing matter for DTC brands?
TCPA compliance protects both consumers and businesses. For consumers, it prevents unwanted text spam. For businesses, it provides a clear framework that, when followed, enables effective and legal SMS marketing.
Non-compliance is the fastest way to destroy an SMS program. Beyond financial penalties, violations result in carrier filtering (your messages stop being delivered), brand damage, and potential legal action from individual consumers or class action suits.
For SMS commerce platforms like AudienceTap, TCPA compliance is built into the infrastructure — proper opt-in collection, automatic STOP handling, quiet hour enforcement, and consent record-keeping are handled by the platform.
Key points
Prior express written consent
Customers must explicitly opt in to receive marketing texts. No buying lists, no assumed consent, no pre-checked boxes.
STOP means stop
When a customer replies STOP, messages must cease immediately. Opt-out must always be available and honored.
Respect quiet hours
Marketing texts should not be sent before 8 AM or after 9 PM in the recipient's local time zone.
See TCPA Compliance for SMS Marketing in action with AudienceTap
AudienceTap is the text-to-buy platform that powers tcpa compliance for sms marketing for DTC brands.
Related terms
SMS Opt-In / Opt-Out
SMS Opt-In is how consumers give permission to receive business texts. Opt-Out is how they revoke it — typically by replying STOP. Both are required under TCPA regulations.
SMS Quiet Hours
SMS Quiet Hours are time windows — typically 9 PM to 8 AM in the recipient's local time zone — during which businesses should not send marketing text messages, per TCPA and carrier guidelines.
10DLC Registration
10DLC (10-Digit Long Code) registration is the carrier-mandated process for businesses to register their brand and SMS campaigns before sending A2P messages through standard 10-digit phone numbers.
TCPA Compliance for SMS Marketing FAQ
Prior express written consent — the customer must actively opt in through a web form, keyword text, or checkbox (not pre-checked). The consent language must clearly state they're agreeing to receive marketing texts and identify the sender.
$500 per unsolicited text for negligent violations, $1,500 per text for willful violations. For businesses sending thousands of texts, liability can escalate to millions. Class action lawsuits in this space have resulted in nine-figure settlements.
Transactional texts (order confirmations, shipping updates) have more flexibility under TCPA, but best practice is to obtain explicit consent for all SMS communications. Text-to-buy messages that are promotional in nature require prior express written consent.
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