TCPA compliance refers to following the Telephone Consumer Protection Act, a U.S. federal law that governs business texting practices to protect consumers from unwanted messages. This requires obtaining prior express written consent before sending promotional texts and providing an easy opt-out method such as replying "STOP." Violating TCPA rules can result in substantial fines ranging from $500 to $1,500 per violation, so maintaining proper records of consent and honoring Do-Not-Call lists is essential. These requirements ensure businesses use SMS responsibly and legally when reaching out to customers. Keep reading to learn more.
DISCLAIMER: The information provided below is not legal advice and is for general informational purposes only. You must obtain advice from a legal council on SMS Compliance for TCPA and CTIA as you assume all responsibility for all legal matters.
FCC (Federal Communications Commission) established the TCPA (Telephone Consumer Protection Act of 1991), a federal law in the United States back in 1991 that regulates how brands and organizations can communicate with consumers via text message marketing. This legislation restricts telemarketing communications through various communications channels including SMS text messages.
In order to send promotional or marketing text messages to a consumer’s mobile phone in the United States, they must adhere to the TCPA federal law and legally obtain explicit written consent prior to sending them to avoid fines. They must also follow the CTIA’s Best Practices Guidelines for SMS Marketing and Communications to avoid getting their messages blocked by carriers. Lastly, they must register with the FTC to get access to the National Do Not Call Registry to make sure that they are not sending text messages listed on the registry.
Learn more by visiting SMS Compliance for TCPA and CTIA
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