The Telephone Consumer Protection Act (TCPA) is a U.S. federal law enacted in 1991 that regulates telemarketing calls and text messages. It's the primary legal framework governing SMS marketing consent.
Key TCPA Requirements for SMS
Prior Express Written Consent Required For:
Marketing and promotional messages
Text messages sent using autodialer technology
Any non-emergency commercial SMS
Consent Must Include:
Clear disclosure that consent is for marketing texts
Name of the business sending messages
Frequency of messages expected
Statement that consent is not required for purchase
Opt-out instructions
TCPA Penalties
Violations can result in:
$500 per unsolicited text (standard)
$1,500 per text (willful violations)
Class action lawsuits (aggregated penalties)
Example: Sending 10,000 unsolicited texts could result in $5-15 million in penalties.
Safe Harbor Practices
Maintain consent records with timestamps
Honor opt-out requests immediately
Don't text numbers on the DNC list
Include clear opt-out instructions (STOP)
Respect quiet hours (before 8am, after 9pm local time)
TCPA vs 10DLC
TCPA governs consent (permission to send)
10DLC governs registration (carrier approval to send)
Both are required for compliant SMS marketing.