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TCPA Exemptions

Are purely informational texts exempt?

Purely informational texts follow the same implied consent rules as delivery and service notifications. However, if any part of your informational text could be considered marketing and you are using a device that meets the current standards for what constitutes an automatic telephone dialing system (ATDS), you would need express written consent. Therefore, best practices are to get express written consent even for informational texts.

Are there TCPA exemptions for utilities?

In certain circumstances, utilities are exempt from following the Telephone Consumer Protection Act’s (TCPA) usual consent requirements. Namely, they are allowed to use the less stringent standard of implied consent if they are a bona fide non-profit or when sending non-marketing messages. Examples of such messages would be information about such topics as emergencies, circumstances where services will be shut off, and service notifications.

Are there TCPA exemptions for schools?

In certain circumstances, schools are exempt from following the Telephone Consumer Protection Act’s (TCPA) usual consent requirements. Namely, they are allowed to use the less stringent standard of implied consent if they are a bona fide non-profit or when sending non-marketing messages. Examples of such messages would be information about such topics as emergencies, school closures, and unexpected absences.

Are B2B calls exempt from TCPA regulations?

It is a common misconception that Business to Business (B2B) calls are not covered under the Telephone Consumer Protection Act (TCPA). B2B calls and texts are subject to the same TCPA wireless restrictions as Business to Consumer (B2C). The use of any kind of Automatic Telephone Dialing System (ATDS) to send marketing calls or texts to a wireless number is illegal under the TCPA without prior express written consent.

Further Reading