The TCPA, or Telephone Consumer Protection Act, is a federal law regulating promotions and messaging by phone.It includes the following major points:
You must have express consent before messaging.
- Solicitation messaging requires proof of written consent. Evidence may include electronic opt-ins via mobile keyword and online sign-up pages. Written consent may be evidenced by paper sign-up forms explicitly describing SMS messaging content.
- Non-solicitation messages (e.g., internal communications, emergency alerts) require documented written or verbal consent.
Solicitation messages may be sent only from 8:00 a.m. to 9:00 p.m., recipient's time.
You should make sure your message frequency matches your disclosures.
You must only send message content that matches what the subscriber initially opted in to receive.
- For example: If a subscriber texted your mobile keyword to only receive account alerts, you cannot send them marketing material as well.
Messaging programs must allow opt-outs by any reasonable means, and senders may not restrict opt-out methods.
Every TCPA violation is subject to a fine of up to $1,500 per message sent per recipient.
For more information, please refer to the following resources: