TCPA in a Nutshell
The Telephone Consumer Protection Act (TCPA) is a federal law designed to protect consumers from unsolicited and potentially intrusive communications, primarily through telephone calls and text messages. Enacted in 1991, the TCPA establishes rules for telemarketing calls, auto-dialing systems, prerecorded messages, and fax and text communications. The aim is to give consumers greater control over the communications they receive and safeguard their privacy.
Compliance Best Practices
- Consent (Opt-In)
Before sending SMS marketing messages, businesses must obtain clear consent from recipients. This typically involves customers opting in through a form or responding with a specific keyword. - Disclosures
Businesses need to disclose the nature of the messages, including frequency and any potential message or data rates. Privacy policies should also be shared with customers. - Opt-Out Option
Recipients must be provided with an easy way to stop receiving messages, usually by texting "STOP." - Quiet Hours
SMS messages should only be sent between 8 AM and 9 PM local time, as per the TCPA.
Note: Some states have additional regulations outside of TCPA. These include:
State Differences From TCPA Florida - Quiet Hours 8 PM to 8 AM
- 3 messages within 24 hours
Oklahoma - Quiet Hours 8 PM to 8 AM
- 3 messages within 24 hours
Washington Quiet Hours 8 PM to 8 AM
Mississippi - Quiet Hours 8 PM to 8 AM
- No Sunday messages
Maryland - Quiet Hours 8 PM to 8 AM
- 3 messages within 24 hours
- Record-Keeping
It's crucial to maintain accurate records of opt-ins and opt-outs to remain compliant with regulations.
By following these steps, businesses can remain compliant with US SMS marketing regulations and avoid penalties.
NOTE: These suggestions are not legal advice regarding TCPA or any other telecommunications regulations. Consult legal counsel for specific guidance.