SMS marketing is powerful, but it comes with legal responsibilities. TCPA violations can cost $500-$1,500 per message sent. This guide will help you stay compliant and avoid costly penalties.

What is TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 that regulates telemarketing calls and text messages. It requires businesses to obtain consent before sending marketing texts and provides consumers with the right to opt out.

The 5 Pillars of SMS Compliance

1. Get Express Written Consent

You must obtain clear, documented consent before sending marketing texts. This means:

Written agreement (can be electronic, like a web form checkbox)
Clear disclosure that marketing messages will be sent via SMS
Agreement is not a condition of purchase
Record of consent stored and accessible

Example Compliant Opt-In Language:

"By entering your phone number and clicking 'Subscribe,' you agree to receive marketing text messages from [Company Name] at the number provided. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe. Reply HELP for help."

2. Honor Opt-Out Requests Immediately

When someone texts STOP, you must:

Stop sending messages within 10 business days (best practice: immediately)
Send one confirmation message acknowledging the opt-out
Never send marketing messages to that number again (unless they re-opt-in)

3. Identify Yourself in Every Message

Every marketing text must clearly identify who is sending it. Include your business name in each message.

4. Respect Quiet Hours

Never send marketing texts before 8:00 AM or after 9:00 PM in the recipient's local time zone. This is a TCPA requirement that also shows respect for your customers.

5. Include Opt-Out Instructions

Every marketing message should include clear opt-out instructions. Standard language: "Reply STOP to opt out"

What NOT to Do

Buy phone number lists or scrape numbers from the internet
Pre-check opt-in boxes on forms
Make SMS opt-in a requirement for purchase
Ignore or delay opt-out requests
Send texts outside of permitted hours

Understanding 10DLC

10DLC (10-Digit Long Code) is the carrier-mandated registration system for business text messaging in the US. All businesses sending SMS must register their brand and campaigns.

Good news: Pinglo handles 10DLC registration for you as part of our onboarding process. We'll guide you through the simple steps to get your business verified and approved.

TCPA Penalties

Potential Fines Per Violation:

$500 per message for negligent violations
$1,500 per message for willful violations
Class action lawsuits can result in millions in damages

Compliance Checklist

☐ Opt-in forms include clear consent language
☐ Consent records are stored and accessible
☐ STOP/HELP keywords are handled automatically
☐ Business name is included in every message
☐ Opt-out instructions are included in marketing messages
☐ Messages are only sent during permitted hours
☐ 10DLC registration is complete

Conclusion

TCPA compliance isn't just about avoiding fines—it's about building trust with your customers. When you follow these guidelines, your subscribers know they're in control and can trust your brand. Pinglo's built-in compliance tools make it easy to stay on the right side of the law while growing your SMS marketing program.

TCPA Compliance Guide: SMS Marketing Without Legal Risk