TCPA Compliance

Telephone Consumer Protection Act - Complete Guide

What is TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and faxes.

Key TCPA Requirements:

  • Prior express written consent required for marketing messages
  • Easy opt-out mechanism (STOP keyword)
  • Identify sender in every message
  • Honor opt-out requests immediately
  • Maintain consent and opt-out records

Prior Express Written Consent

Before sending ANY marketing SMS, you MUST obtain prior express written consent containing:

  1. Written or Electronic Form: Can be online form, checkbox, text-to-join, or written signature
  2. Clear Authorization: "By providing my number, I agree to receive text messages from [Business Name]"
  3. Phone Number Disclosure: Consumer must provide their specific phone number
  4. Not Condition of Purchase: "Consent is not required to make a purchase"
  5. Message Frequency: Disclose how often messages will be sent
  6. Opt-Out Instructions: "Reply STOP to unsubscribe"
  7. Rates Disclosure: "Message and data rates may apply"
  8. Privacy Policy: Link to privacy policy
  9. Terms and Conditions: Link to messaging terms

Example Compliant Consent Language:

"By checking this box and providing my mobile phone number, I consent to receive recurring automated marketing text messages from Notifyra at the number provided. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help. View our Privacy Policy and Terms."

Opt-Out Requirements

You MUST honor opt-out requests IMMEDIATELY:

  • STOP Keyword: Must work 24/7, processed within seconds
  • Confirmation: Send one final confirmation message
  • No Further Messages: Do not send ANY messages after opt-out (except confirmation)
  • Alternative Keywords: Support UNSUBSCRIBE, CANCEL, END, QUIT
  • Permanent: Keep opted-out numbers on suppression list forever
  • No Re-Opt-In Trickery: Cannot re-opt-in without explicit new consent

HELP Keyword Requirement

Consumers must be able to text HELP to receive:

  • Customer support contact information
  • How to opt-out (STOP)
  • Program details

Example HELP Response:

"[Business Name]: For help, call 1-800-XXX-XXXX or email support@business.com. Msg frequency varies. Msg&data rates may apply. Reply STOP to cancel."

Message Content Requirements

  • Sender Identification: Every message must identify your business
  • Reasonable Hours: Send only 8 AM - 9 PM recipient's local time
  • Frequency Limits: Don't exceed disclosed frequency (e.g., "up to 4 msgs/month")
  • Accurate Information: No misleading or deceptive content
  • No Sensitive Content: Avoid sharing sensitive info via SMS

Record Keeping (CRITICAL)

Maintain records for minimum 4 years:

  • Consent Records: How, when, and where consent was obtained
  • Phone Numbers: List of all consented numbers
  • Opt-Out Requests: Date, time, method of opt-out
  • Message Logs: What was sent, when, and to whom
  • Disclosures: What terms were presented to consumer

Exceptions & Special Cases

Transactional Messages (No Consent Needed):

  • Account notifications (password resets, security alerts)
  • Transaction confirmations (order confirmations, shipping updates)
  • Appointment reminders (if pre-existing relationship)
  • Service status (delivery delays, outages)

⚠️ Transactional messages cannot include marketing content

Emergency Messages:

Healthcare or financial institution emergencies may have different rules. Consult legal counsel.

Penalties & Enforcement

  • $500 per violation (each unauthorized message)
  • $1,500 per willful violation
  • Class action lawsuits possible
  • FCC enforcement actions
  • State attorney general actions
  • Carrier blocking (Twilio/carriers may suspend your account)

Example: 10,000 unauthorized texts = $5,000,000+ in potential liability

Notifyra's Role & Your Responsibility

What Notifyra Provides:

  • ✓ STOP/HELP keyword processing
  • ✓ Opt-out suppression lists
  • ✓ Message delivery logs
  • ✓ Timestamp records
  • ✓ Compliance tools

Your Responsibilities:

  • ✗ Obtaining valid consent
  • ✗ Maintaining consent records
  • ✗ Message content compliance
  • ✗ Legal liability
  • ✗ Penalties for violations

Additional Resources

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for compliance guidance specific to your situation.