TCPA Compliance for SMS Marketing in the US: A Complete Guide [With Examples]

But it comes with strict legal guardrails under the Telephone Consumer Protection Act (TCPA). If you’re a marketer in the U.S., understanding TCPA compliance is very important. 

In this guide, we break down everything you need to know about TCPA compliance for SMS marketing, including key consent requirements, a detailed TCPA compliance checklist, and TCPA compliant text message examples to build ethical, effective, and legally sound SMS campaigns.

What Is the TCPA and How Does it Affect Your SMS Marketing Campaign

Enacted in 1991, the Telephone Consumer Protection Act (TCPA) regulates how businesses can communicate with consumers via phone calls, faxes, VoIP calls, and text messages. The TCPA's core purpose is to protect consumers from unsolicited marketing communications and preserve their right to privacy.

Under the law, businesses must obtain prior express written consent before sending marketing or promotional SMS messages using automated systems. This requirement also applies to transactional or informational messages if they are delivered through autodialers.

TCPA Compliance Checklist for SMS Marketing

Here’s a detailed checklist of TCPA SMS compliance requirements that every business should follow to stay compliant and build trust with their audience

1. Prior Express Written Consent

Language while asking for consent must be clear and unambiguous, furthermore:

• The consumer must agree to receive marketing messages via SMS.
• Consent must be tied to a specific phone number and business name.
• Digital signatures (checkbox + submit button) are acceptable.

2. Clear and Conspicuous Disclosure

Before consumers opt in, you must disclose:

• That they’re signing up for automated marketing messages.
• That consent is not a condition of purchase.
• Estimated message frequency (e.g., “Up to 5 messages/week”).
• Standard “Msg & data rates may apply” disclaimer.

3. Opt-Out Mechanism

You must give your consumers exit pathways from your SMS marketing, for example:

• Users must be able to reply with “STOP” or similar keywords.
• Opt-out requests must be honored within 10 business days.
• Just one final confirmation message is allowed post-opt-out.

4. Record Keeping

Remember to keep detailed consent logs to prove compliance:

• Including timestamps and source (e.g., web form, SMS)
• Tools like MakeForms can help automate and audit these records.

5. Send Time Restrictions

Always respect silent hours to avoid consumer complaints, which means:

• Texts must be sent between 8 AM and 9 PM local time.
• Some states, like Florida and Washington, are more restrictive - text only between 9 AM and 8 PM to stay safe.

6. Do Not Call (DNC) List Compliance

Honor opt-outs and scrub against DNC registries, this includes:

• Maintaining an internal DNC list and honor opt-outs.
• Scrubbing against the National DNC Registry.
• One consumer opt-out = no more marketing messages, ever!

7. Identify Yourself in Every Message

Always make it clear who the message is from:

• Your SMS content must clearly include your business name or brand identity.
• Include a support contact if applicable.

TCPA SMS Consent Examples

Crafting the right SMS opt-in language is a big part of getting consent. The wording must be clear, compliant, and transparent, leaving no room for confusion about what the user is agreeing to.

Here are some compliant SMS consent message examples you can use across different channels and sign-up methods:

Website Form Example

“By checking this box and clicking ‘Submit,’ you agree to receive automated marketing texts from [Brand Name] at the number provided. Consent is not a condition of purchase. Msg & data rates may apply. Reply STOP to unsubscribe.”

Text-to-Join Keyword Opt-In

“Text JOIN to 12345 to sign up for alerts from [Brand Name]. You agree to receive automated marketing texts. Msg & data rates may apply. Reply STOP to opt out.”

Double Opt-In Flow

“Reply YES to confirm your subscription to [Brand Name] SMS updates. Msg & data rates may apply. Reply STOP to cancel.”

The Role of the FCC’s One-to-One Consent Rule

You may have heard of the recent FCC One-to-One Consent Rule, which was supposed to go into effect from January 2025, which further tightened TCPA enforcement. It required marketers to obtain individual, explicit consent for each brand or company listed on a lead form.

That means bundling consent for “Company A, B, C, and partners” was no longer compliant.

To stay compliant, you have to

• Make your TCPA consent form brand-specific.
• Implement checkboxes for each business listed.
• Use a lead gen form builder that supports granular consent management.

However, President Trump signed executive orders just before the enforcement date, directing federal agencies to pause the implementation of new regulations.

As a result, the One-to-One Consent Rule is no longer in effect. However, following its principles remains a smart best practice - brands are still encouraged to collect brand-specific consent to build trust, reduce risk, and stay ahead of potential future regulations.

Best Practices to Stay TCPA Compliant

While meeting the legal requirements is essential, going beyond the bare minimum can strengthen your SMS marketing strategy further. Make a note of these best practices to help ensure your compliance efforts are consistent, scalable, and customer-friendly!

Use Compliant Lead Forms

Only collect SMS marketing consent via dedicated opt-in forms that clearly explain what users are signing up for. Avoid hidden or bundled consent.

Browse: 10+ Powerful Lead Generation Form Examples for Various Industries

Confirm and Document Every Opt-In

• Use double opt-in where feasible.
• Log consent details (IP, timestamp, form URL).

Automate Compliance with Tools

Consider solutions like MakeForms or other advanced lead generation tools that offer:

• Consent verification
• Vendor auditing
• Real-time compliance checks

Regularly Review Your Opt-Out Flows

• Make sure “STOP” works across all campaigns.
• Add synonyms or fuzzy logic (e.g., “unsubscribe,” “cancel”).
• Update terms & conditions if messaging frequency or scope changes.

TCPA Compliance and Lead Quality Go Hand-in-Hand

Compliant SMS marketing also improves your lead quality. When users consciously opt in, your outreach becomes more targeted, respectful, and effective. Dive deeper here on How to Improve Lead Quality here.

TCPA Exceptions: What Doesn’t Require Written Consent?

There are certain non-commercial or informational messages that are exempt from TCPA’s strictest. While not fully exempt, senders of these messages should still understand applicable limitations to maintain compliance and avoid violations.:

• Bank fraud alerts
• Doctor appointment reminders
• Prescription pick-up notices
• Emergency school or utility alerts

Still we recommend, it's best practice to collect some form of prior permission even for these cases.

What Happens If You Violate the TCPA?

Okay, now let’s talk about the consequences of violating TCPA. This is not just some slap on the wrist, it’s serious damage. Violating TCPA regulations can result in hefty fines, lawsuits, and lasting reputational damage.

Penalties for non-compliance include:

• Fines ranging from $500 to $1,500 per message
• No cap on total damages in class-action cases
• Potential personal liability for company executives
• Risk of class action lawsuits for widespread or repeated violations

Notable real-world examples highlight the high stakes:

Steve Madden TCPA Violation led to a $10 Million Settlement

Steve Madden settled a class action lawsuit for $10 million after being accused of sending over 200,000 unsolicited promotional text messages to consumers without obtaining proper consent, in violation of the TCPA. The settlement included provisions to ensure future compliance with consent requirements.

Pizza Hut Franchises TCPA Violation led to $6 Million Settlement

Several Pizza Hut franchisees agreed to a $6 million settlement to resolve claims that they sent over 13,000 unsolicited promotional text messages to consumers without consent, violating the TCPA. The settlement provided eligible class members with compensation of up to $400 each.
The lesson is clear: when it comes to SMS marketing, cutting corners on compliance can come at a massive cost.

SMS Compliance Is Non-Negotiable

The TCPA sets a very high bar for SMS marketing, but it’s one that responsible businesses can - and must - meet. By getting clear consent, using opt-out friendly practices, and adopting tools like MakeForms, your SMS campaigns can thrive without crossing legal lines.