Compliance with Unsolicited Text Messages Law at the Federal and State Level

The Federal Trade Commission (FTC) has the authority to regulate unsolicited text messages under the Telephone Consumer Protection Act (TCPA). The FTC requires businesses to obtain prior consent from consumers before sending commercial text messages.

At the state level, some states have enacted their own laws governing unsolicited text messages. For example, California and Texas have laws that prohibit sending unsolicited commercial text messages to residents without their prior consent. These laws often provide for stiffer penalties than the federal law.

Businesses must comply with both federal and state laws regarding unsolicited text messages. Failure to comply can result in significant fines and penalties.

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The Telephone Consumer Protection Act (TCPA) is the primary federal law that governs unsolicited text messages in the United States.

The TCPA prohibits the use of automatic telephone dialing systems (ATDS) to send text messages without prior express consent.

Businesses must obtain explicit written consent before sending text messages to consumers, and they must honor do-not-call requests.

Take a look at this: Consent to Receive Text Messages

Violations of the TCPA can result in significant penalties, including statutory damages of $500 to $1,500 per violation.

The TCPA requires businesses to identify the entity responsible for sending automated messages and to provide a clear way for subscribers to opt out.

The Federal Communications Commission (FCC) created the TCPA in the 1990s to protect consumers against unwanted calls and text messages.

Businesses can grow their SMS marketing subscription base using TCPA-compliant methods, such as keyword texting, filling out a form, or website pop-ups.

Here are the TCPA-compliant ways for businesses to grow their SMS marketing subscription base:

The TCPA requires businesses to disclose all the expectations of their SMS communications and provide a clear way for subscribers to opt out.

Here are the key provisions of the TCPA:

The CAN-SPAM Act gives recipients the right to opt out of commercial messages from businesses and requires businesses to honor opt-out requests promptly.

The CAN-SPAM Act also requires businesses to clearly state how recipients can opt out of receiving messages and to provide an easy way for consumers to unsubscribe from their texts.

Here are the key CAN-SPAM Act regulations that apply to text message marketing:

The TCPA covers text messages, and violating its rules can result in significant penalties, including statutory damages of $500 to $1,500 per violation.

If a company has violated the TCPA by sending you unsolicited text messages, you have the right to sue them in federal court.

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To have a valid TCPA claim, you generally need to show that:

Violations of the TCPA can result in significant penalties, including fines ranging from $500 to $1,500 per message.

To avoid sending unsolicited text messages, you must obtain express consent from recipients. This means asking them to opt-in to receive marketing messages from your business.

You can't just assume someone wants to receive text messages from you, even if they've given you their phone number. You need to explicitly ask for their consent.

To get consent, you can use a text message that asks the recipient to opt-in. This message should include clear language indicating that they agree to receive recurring marketing messages at the mobile phone number they provided.

When requesting consent, you must provide explicit language indicating that the individual agrees to receive recurring marketing messages. This includes stating that your messages may involve the use of an automatic telephone dialing system or "autodialer."

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Consent must be obtained in writing via a physically signed agreement, a digitally signed agreement, or most commonly, an SMS opt-in. An opt-in text message is one in which the user provides you with their number with the understanding that they will receive text messages.

Here are some things to keep in mind when asking for express written consent:

Once a subscriber opts out, your business must stop texting them. Honoring opt-outs helps establish trust with your consumers and subscribers.

Here's a summary of the opt-in and opt-out requirements:

If you're sending text messages to consumers in specific states, you need to comply with their unique laws. Arizona, Connecticut, Florida, New Jersey, Oklahoma, Washington, and Wisconsin require explicit consent before texting consumers.

In these states, clear methods for collecting explicit consent are essential, such as using keywords and forms. You should also be aware that these states are part of the TCPA opt-in methods.

For more insights, see: 2024 United States Telecommunications Hack

California and Florida require clear opt-out methods and a stop to texting consumers who opt out within 15 days. To comply, your business should have a clear opt-out strategy in place and use automations to keep track of opt-outs.

Arizona, Connecticut, Indiana, Virginia, and Wisconsin prohibit unsolicited commercial texts from being sent to phone numbers on each state's Do Not Call Registry. You should use automations to update your contact list and avoid sending unsolicited texts to these numbers.

Here's a breakdown of the states that require explicit consent and opt-out methods:

By understanding these state-specific laws, you can protect your business from hefty fines and ensure you're treating your customers with respect.

Businesses who violate text messaging laws can face serious penalties.

Citations from the FCC can result in fines or corrective actions.

Fines can range from $500 to $1500 per message, and individual text message recipients have the right to seek damages that result in these fines.

Explore further: T Mobile Fines Text Messages

Repeated failure to comply with SMS marketing laws may lead to legal action, often resulting in a complete restriction of text messaging communications.

Here are some possible penalties for violating text messaging laws:

You may recover $500 per illegal text, and if the sender knowingly violated the law, the amount can triple to $1,500 per message.

To avoid sending unsolicited text messages, you must comply with federal and industry regulations. Federal laws require explicit consent before texting consumers, and you should have clear methods for collecting consent, such as keywords and forms.

In addition to federal laws, mobile carriers like Verizon and AT&T require businesses to follow several regulations when texting customers. These regulations are not as well-known as federal laws, but they're just as important.

Some states require marketers to receive explicit consent before texting consumers, including Arizona, Connecticut, Florida, New Jersey, Oklahoma, Washington, and Wisconsin. These states also require clear opt-out methods and to stop texting consumers who opt out within 15 days.

Related reading: How to Opt Out of Text Messages

California and Florida require marketers to have clear opt-out methods and to stop texting consumers who opt out within 15 days. This means you should have a clear opt-out strategy in place and use automations and data to keep track of opt-outs.

Arizona, Connecticut, Indiana, Virginia, and Wisconsin prohibit unsolicited commercial texts from being sent to phone numbers on each state's Do Not Call Registry. To comply, your business should use automations to continuously update your contact list to avoid sending unsolicited texts to these numbers.

Here are the states that require explicit consent before texting consumers:

And here are the states that require clear opt-out methods and to stop texting consumers who opt out within 15 days:

By following these compliance best practices, you can avoid penalties and ensure that your SMS marketing strategy is successful and respectful of your customers' preferences.

Unsolicited text messages can be a real nuisance, and it's essential to understand the laws that protect you from these unwanted messages. The TCPA, or Telephone Consumer Protection Act, was originally enacted in 1991 to curb unsolicited robocalls to landlines, but in 2013, the FCC expanded its scope to include text messages.

If you've received a text message without prior written consent, you may be entitled to statutory damages of $500–$1,500 per message. This is because the sender may have violated your rights under the TCPA.

To determine if a text message is illegal, look for the following red flags: you never gave written consent to receive texts, you opted out but still received messages, the texts were sent outside the legal hours (between 8 a.m. and 9 p.m.), the message didn’t identify the sender, or you received multiple unsolicited messages using an autodialer or automated system.

Your business must provide a clear, easy way for subscribers to opt out of receiving your text messages. A good example of a clear opt-out method is to add “Text STOP to cancel” at the end of each text message.

Before texting a customer, you must ask for consent in the form of an opt-in. This consent to receive text messages on a mobile device can be collected wherever you gather mobile information. You can create paper, email, or website forms, or have your target audience text in a keyword to your organization over SMS or WhatsApp.

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Here are some key pieces of information that must be clearly disclosed when collecting opt-in consent:

If you've received spam texts you didn’t agree to, it's time to explore your legal options.