Tcpa Text Message Laws and Regulations Explained

The TCPA regulates the use of autodialed and pre-recorded messages, including text messages.

In the United States, the TCPA applies to all calls, including text messages, to both landlines and cell phones.

The TCPA requires express written consent for most autodialed or pre-recorded calls, including text messages.

You can't send text messages to cell phones without consent, unless you have an established relationship with the recipient or the message is for emergency purposes.

You might enjoy: Can You Block Text Messages but Not Calls

To ensure TCPA compliance with your text messages, start by obtaining express written consent from your customers. This can be done through keyword texting, where customers text a short code keyword from their mobile device, consenting to join an SMS database.

You should also provide disclosure with a comprehensive opt-in message, clearly communicating the terms and conditions of your text message campaign. Don't forget to only communicate during business hours and include your business name in all messages.

For another approach, see: What Does the Blue Message Icon Mean on Text Messages

To make things easier, consider adopting a clear-cut company policy that details all rules and procedures for sending mobile marketing messages in accordance with the TCPA. Add this policy to the employee handbook and make it accessible for your marketing and advertising team.

Here's a checklist to help you stay TCPA compliant:

Remember, it's essential to educate your employees and schedule routine compliance training to ensure everyone understands TCPA guidelines. Review past lawsuits to understand the consequences of non-compliance, and don't be afraid to seek help from a reliable text marketing service or a compliance framework like Gryphon.

Check this out: Compliance for Text Messages

To legally send text messages, you must first obtain opt-in consent from your customers. This can be done through a comprehensive disclosure message that covers the terms of your SMS marketing communications, including your business name, purpose of messaging, frequency of texts, and opt-out instructions.

Your opt-in message should be clear and concise, like this example: "[Business Name] Mobile Alerts: Sales, Specials, and News. Approx 6 messages/month. Msg & Data rates may apply. Text STOP to cancel. Text HELP for more information."

For more insights, see: How to Add Name to Group Text Messages

You must also provide a clear way for subscribers to opt-out of receiving messages, such as by texting the word "STOP" to cease SMS communications.

Make sure to include opt-out instructions with every message sent, and honor all opt-out requests by sending a final opt-out confirmation message to notify the consumer they have successfully opted out.

The National Do Not Call Registry must also be respected, and businesses should keep their own do-not-contact list to respect the privacy of consumers who do not wish to hear from the business.

Here are the key points to remember for opt-in and opt-out:

Exceptions to TCPA rules exist for certain informational messages that don't require express consent or opt-out instructions.

Financial institutions can send account updates or security updates, as well as appointment confirmations, reminders, pre or post-operative instructions, or lab results, without TCPA restrictions.

Healthcare providers and pharmacies also have exemptions for sending specific types of messages, such as appointment reminders and prescription notifications.

Utility companies can send updates on services, outages, or upgrades, and schools can send updates about closures, health risks, or unexcused absences, all without TCPA compliance concerns.

Here are some examples of TCPA exceptions:

Exceptions can be a blessing for businesses that need to send important information to their customers. Financial institutions can send account updates or security updates without obtaining express consent.

Some exceptions to the TCPA regulations include informational messages from financial institutions, healthcare providers, pharmacies, utility companies, and schools. These messages are exempt from the TCPA as long as they are non-commercial and urgent or emergency updates.

Here are some specific examples of exempt messages:

However, even with these exceptions, businesses must still comply with carrier requirements. For example, wireless carriers do not allow financial institutions and healthcare providers to send messages without explicit opt-in.

TCPA texting rules prohibit businesses from contacting consumers before 8 am or after 9 pm. This is a federal standard that applies nationwide.

However, some states have their own call curfew hours, which can be more restrictive. In nearly 20 states, text messages are subject to different regulations, so it's essential to check the specific rules for each state.

Organizations must be aware of these state-specific regulations to avoid violating their legal calling hour requirements. It's not just about following the federal standard, but also about adhering to local laws.

For example, some states have prohibitions on contacting consumers on certain observed holidays. Six states have specific restrictions on these holidays, which businesses must respect.

To stay compliant, it's crucial to stay up-to-date with state-specific call curfew hours and holiday restrictions. This will help your organization avoid any potential fines or penalties.

For your interest: Do Not Call Registry Text Messages

Some states have released their own "mini TCPAs" with SMS requirements that apply to residents. These state Acts have a broader definition of an "auto-dialer" than the federal TCPA.

Florida and Oklahoma require Prior Express Written Consent, which is slightly different from the TCPA's language. Review both the TCPA and state-specific requirements with your legal counsel to ensure compliance.

Multiple states have their own call curfew hours, which must be observed to avoid violations. Text messages to phone numbers in nearly 20 states vary from the federal standard.

State-specific call curfew hours should be observed for text marketing. Six different states have prohibitions on various observed holidays, making it crucial to stay informed.

Some states have added "text marketing" to their state telemarketing program, requiring all texts to be screened against their state Do Not Call list. Arizona, Tennessee, and Indiana are examples of states with this requirement.

Here's a list of some states with their own call curfew hours:

The TCPA has its roots in the Federal Communications Commission (FCC), an independent government agency that oversees radio, television, and phone activity.

The FCC is responsible for enforcing the TCPA, which restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.

Congress enacted the TCPA in 1991 to protect consumers from receiving unsolicited calls or messages.

The FCC has issued notices of proposed rulemaking (NPRM) to further regulate the sending of TCPA text messages.

Mobile providers are required to block texts from invalid, unallocated, unused, or "Do-Not-Originate" numbers.

The FCC will also mandate the use of the FTC National Do Not Call Registry when texting.

Here's a breakdown of the key regulatory bodies involved in TCPA text messages:

TCPA violations can lead to steep penalties, including fines or legal action.

If you're not following TCPA rules, every non-compliant text message sent can collect damages of $500 to $1,500 per violation.

Fines can add up quickly if you're sending text messages to your customers multiple times a week.

To avoid these penalties, it's essential to align with your legal counsel prior to launching any new SMS programs in the market.

By doing so, you can ensure your SMS marketing program operates in a manner that you're most comfortable with.

Here are some key considerations for managing text message frequency:

Violations can be costly, with fines ranging from $500 to $1,500 per violation for non-compliant text messages. This can add up quickly if you're sending text messages to your customers multiple times a week.

It's essential to work with your legal counsel before launching any new SMS programs to ensure they meet TCPA guidelines. This will help you avoid potential penalties.

If you choose a set message frequency, you'll want to set a limit on the number of broadcasts an SMS marketing list can receive to avoid exceeding that limit.

Worth a look: How to Set up Text Messages

There is an established group of known serial litigators that specifically target telemarketing, text messaging, and collections organizations by calling or texting them to initiate a class action lawsuit.

Organizations can protect their exposure to additional risk by identifying and blocking telephone numbers of known TCPA litigators.

Professional plaintiffs associated with consumer protection-related matters can be found in state and federal court filings, and identifying them can help minimize exposure.

By taking proactive steps to identify and block these numbers, organizations can reduce their risk of being targeted by known litigators.

Textedly helps organizations send powerful, custom, and TCPA-compliant mobile messages to customers, maintaining easy and efficient communication with contacts.

Vibes offers a reliable text marketing service with safeguards in place to protect businesses, including embedded send time management, subscriber opt-in and opt-out management, and real-time automation.

To avoid costly TCPA and other potential violations, consider partnering with a compliance-focused service like Gryphon, which provides a scalable compliance framework to adapt to evolving regulations and reduce compliance risk.

Here are some key features to look for in a compliance tool:

Choosing the right mobile tech partner is crucial for compliance, as it can help you avoid costly fines and maintain a positive relationship with your customers.

Textedly helps organizations send powerful, custom, and TCPA-compliant mobile messages to customers.

Vibes has safeguards in place to protect you, including send time management, which allows brands to adjust when they send out text messages by area code or by local time zone.

You might enjoy: How to See the Time on Text Messages Iphone

The Vibes platform stores message logs that show a record of every message sent and received by a mobile number, including the disclosures the user received at the time of their opt-in.

Subscriber opt-out management is also handled in real-time, with the platform automatically sending a final message confirming no additional messages will be sent after a consumer texts STOP.

To avoid accidentally opting out of a program, it's recommended to lease separate codes for different programs.

Here are some key features to look for in a mobile tech partner:

GoHire takes TCPA compliance seriously by requiring "Double Opt-ins" on every first text messaging campaign. This means that candidates must confirm their consent to receive messages twice, ensuring that they're aware of and agree to receive communications.

The Vibes platform also offers a range of features to help businesses stay compliant, including send time management and subscriber opt-in and opt-out management. These features allow businesses to adjust when they send out text messages and manage subscriber preferences in real-time.

Related reading: How to Opt Out of Text Messages

To opt-out of GoHire's SMS messaging programs, candidates can simply text in the word STOP. This is a straightforward and easy-to-follow process that honors the consumer's right to decline further communication.

GoHire's platform also includes a robust list of opt-out commands beyond the word STOP, which can be customized by the brand's mobile marketing number. This ensures that businesses can provide clear and simple instructions for consumers to opt-out of their SMS programs.

Here are some key features that GoHire's platform offers to ensure TCPA compliance:

By using GoHire's platform, businesses can ensure that they're staying compliant with TCPA regulations and providing a positive experience for their candidates.

Auto dealerships have to follow specific rules when it comes to TCPA text messages, such as not sending unsolicited texts to consumers who have not opted-in to receive messages from them.

For healthcare providers, the rules are a bit different - they can send texts to patients who have an established relationship with them, but only for appointment reminders or other administrative purposes.

In the financial services industry, TCPA text messages are strictly regulated to prevent predatory lending practices, and companies are required to obtain explicit consent from consumers before sending them texts.

Auto finance companies must also obtain explicit consent from consumers before sending them TCPA text messages, and are subject to strict guidelines around the types of messages they can send.

Healthcare providers must also comply with HIPAA regulations, which govern the use of protected health information, including text messages sent to patients.

You might like: Can Phone Companies See Your Text Messages