The TCPA (Telephone Consumer Protection Act) is the federal law that governs business texting in the U.S. Break it and penalties run $500–$1,500 per message — which adds up fast when you're sending in volume. The good news: staying compliant is mostly common sense. Here's the plain-English version.
The four rules that matter most
- Get consent first. You need prior express consent before texting a contact for marketing. A checkbox at signup or a written opt-in works; buying a list does not.
- Identify yourself. Every message should make clear who's texting — your name and business.
- Honor opt-outs instantly. "Reply STOP to opt out" isn't optional, and STOP must work immediately and permanently.
- Respect quiet hours. Don't text before 8 a.m. or after 9 p.m. in the recipient's local time zone.
Consent, explained
There are two tiers. Express written consent (required for marketing) means the contact clearly agreed to receive promotional texts — typically an unchecked checkbox, a keyword opt-in ("text START"), or a signed form. Express consent (enough for transactional messages like appointment reminders) is a lower bar. When in doubt, get written consent.
Consent has to be specific to you. You can't borrow a list someone else collected, and you can't bury permission in unrelated terms and conditions.
What every message should include
- Clear identification of your business.
- Content that matches what people opted in to.
- An easy opt-out (STOP), at least periodically.
- For offers: "Consent is not a condition of purchase."
A pre-send checklist
- Do I have documented consent for every number?
- Does the message identify my business?
- Is there a clear opt-out?
- Am I sending within quiet hours for their time zone?
- Is my number registered for 10DLC?
TCPA vs. 10DLC: how they fit together
People mix these up. The TCPA is the law — it governs consent and conduct. 10DLC is the carrier system that registers your business so your texts get delivered. You need both: 10DLC gets your messages through the door, and TCPA keeps you on the right side of the law once they're out. Neither replaces the other.
How software makes this automatic
Manually tracking consent and opt-outs across hundreds of contacts is where businesses slip up. A good platform handles the compliance layer for you: it checks messages before they send, manages opt-outs automatically, respects quiet hours by time zone, and keeps you registered for 10DLC. You stay focused on the conversation instead of the legal fine print. (For the bigger picture, see what SMS marketing is.)
Frequently asked questions
Is business texting legal?
Does the TCPA apply to appointment reminders?
What happens if someone replies STOP?
What are the penalties for a TCPA violation?
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