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TCPA Compliance for Text Messages & SMS

What is TCPA compliance for text messages and why does it matter?

Text marketing is one of the most effective ways to get your products or services in front of potential buyers. However, what many text marketers may not realize is that the Telephone Consumer Protection Act (TCPA) applies to text messages (SMS) making them subject to some of the same requirements and restrictions as telemarketing calls.

 

Before you begin your next text marketing campaign, take a minute to check the following best practices for text messaging compliance under the TCPA:

Scrub against the Do Not Call list

Under the TCPA, you must remove phone numbers listed on the National Do Not Call Registry and individual state registries where applicable. Our flagship product, DNCScrub® enables companies to centralize DNC scrubs with Federal and State Lists and maximize contactable leads by applying relevant exemptions for DNC and TCPA SMS compliance.

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TCPA compliance consulting

The Supreme Court’s decision in Facebook v. Duguid has upended TCPA compliance. Sure, you may have heard that the court adopted the narrow interpretation of the autodialer definition. But what does that mean for your business? Is your dialing technology that you use for text campaigns still considered an automatic telephone dialing system (ATDS)? Our compliance experts will help you answer these questions and any other you may have about the new landscape of text message compliance.

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Why DNC is the best compliance solution

Experience that matters

Built from real cases

Robust API integration

Guaranteed protection

Experience that matters

Experience that matters

With over 20 years of call center compliance business under our belts, we have performed over 70 billion phone number scrubs.

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Built from real cases

Built from real cases

Every phone number is matched against a real case file so you can minimize risk while maximizing the phone numbers you keep.

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Robust API integration

Robust API integration

We integrate with popular dialing platforms and offer guaranteed 99.9% uptime and redundant backups in multiple locations.

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Guaranteed protection

Guaranteed protection

We’re proud that none of our clients have ever incurred a violation, lawsuit, or fine because of inaccurate data.

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Text Message Compliance FAQs

What are the text messaging laws by state?
There are 15 states with laws governing consumer solicitation by text message: Arizona, California, Colorado, Connecticut, Florida, Indiana, New Jersey, New York, North Dakota, Oklahoma, Rhode Island, Utah, Virginia, Washington and Wisconsin. All 13 of the states require express consent to send a marketing text message, with Connecticut requiring express written consent.Some general requirements include state registration as a telemarketer (license requirements), time of day requirements, disclosure of solicitor information (name of business, solicitor’s name, etc) and allowing returns of goods/services sold.
What is express consent, and why is it important for TCPA compliance?
Express consent is explicit permission given by consumers for businesses to contact them via phone calls, SMS messages, or prerecorded voice messages. It is essential for businesses engaging in telemarketing or promotional text messages to obtain express consent from consumers to avoid legal penalties under TCPA and other messaging laws.
Are text messages still held to the same ATDS restrictions after Facebook v. Duguid?
Yes. The only thing that SCOTUS’s ruling changes is how the TCPA’s ATDS definition applies to specific kinds of dialing technology.
Which sorts of texting systems are no longer considered autodialers after Facebook v. Duguid?
While it remains to be seen how lower courts interpret the ruling, it seems nearly certain that including peer-to-peer (P2P) texting, triggered text alerts, and artificial intelligence or interactive texting systems will not be subject to the TCPA’s restrictions on the use of an ATDS. The consequences for mass texting systems is less clear but it is likely that those devices will also no longer be regulated as autodialers.
Does the Do Not Call list apply to text messages?
Since the Supreme Court decision in Facebook v. Duguid, multiple TCPA class actions have been filed alleging DNC violations. Marketers absolutely should not text numbers on the DNC list.
Do TCPA regulations apply to text messages?
Yes. As far as the courts and regulatory agencies are concerned, text messages are regulated the same as voice calls. This is not affected by the Facebook decision.
How can I ensure my SMS campaign complies with messaging laws?
To ensure compliance, you must follow key components such as scrubbing contact lists against the National Do Not Call Registry, providing an opt-out mechanism for consumers, and obtaining proper consent for marketing communications. Using tools like DNCScrub® can help maintain compliance with legal requirements.
What are the legal requirements for handling opt-out requests?
Businesses are required to honor opt-out requests from consumers who no longer wish to receive future communications, such as marketing messages or promotional messages. A clear opt-out option must be provided in every message, whether it's for commercial or transactional purposes. This helps protect consumer rights and prevents unwanted messages.
How does Contact Center Compliance help reduce the risk of unsolicited calls and text messages?
Contact Center Compliance offers advanced scrubbing solutions like Litigator Scrub® and DNCScrub® to identify and remove phone numbers associated with unsolicited calls or text messages. These tools also help businesses stay compliant with state-specific laws and federal regulations to avoid millions of dollars in potential fines.
What should businesses include in their compliance checklist for TCPA and DNC regulations?
A comprehensive compliance checklist should include scrubbing phone numbers against DNC lists, documenting express consent, maintaining detailed records of communications, providing clear opt-out instructions, and staying updated on state-specific laws. Regular auditing and monitoring of messaging practices are critical for maintaining compliance.
What types of marketing communications are covered by TCPA regulations?
TCPA regulations cover various types of communications, including telemarketing communications, marketing text messages, prerecorded messages, unsolicited text messages, and commercial messages. Businesses must obtain explicit consent from recipients before sending any promotional text messages or pre-recorded voice messages.
How can businesses protect themselves from legal penalties related to text marketing?
Businesses must follow proper consent guidelines, implement an opt-in message to gain consent from recipients, and comply with messaging practices like honoring quiet hours and limiting the frequency of messages. Staying compliant with TCPA regulations can help businesses avoid significant financial penalties.
Who makes TCPA SMS / texting compliance rules in the United States?
Congress passes laws regulating texting/SMS messaging, the courts interpret those laws, and regulatory agencies such as the FCC and FTC enforce those laws, creating rules in order to do so. For example, the TCPA text itself does not mention SMS or text messaging because it was passed in 1991, the year before SMS messaging was invented. Subsequent court decisions and FCC rulemaking extended the TCPA’s calling regulations to text messages.
Is there a TCPA compliance checklist texting guide?
We have a number of TCPA text message compliance guides including our TCPA text marketing checklist.
What are the CTIA best practices for text messaging?
Don't send messages that the consumer has not consented to receive. Send messages between 9:00 AM and 9:00 PM, recipient's time. Make sure that it is easy to opt out and honor those opt-outs immediately. Disclose that data and message rates may apply. If you are asking people to subscribe to a recurring message campaign, be clear about the frequency of the messages in that campaign.