The TCPA, or Telephone Consumer Protection Act, is a federal law regulating promotions and messaging by phone. It includes the following major points.
- • You must have express written consent before messaging.
- º Solicitation messaging requires proof of consent. Evidence may include electronic opt-ins via mobile keyword and online sign-up pages. Written consent may be evidenced by paper sign-up forms explicitly describing SMS messaging content.
- º Nonsolicitation messages (e.g., internal communications, emergency alerts) require documented written or verbal consent.
- • Solicitation messages may be sent only from 8:00 a.m. to 9:00 p.m., recipient’s time.
- • Messaging programs must allow opt-outs by any reasonable means, and senders may not restrict opt-out methods.
- • Every TCPA violation is subject to a fine of up to $1,500 per each message sent per recipient.
For more information, please refer to the following resources:
The CTIA is an organization created by mobile carriers to regulate message content and frequency. The following types of content are prohibited.
- • Adult content (e.g., nude dancing clubs, escort services)
- • Illegal or illicit drugs (e.g., marijuana)
- • Alcohol, tobacco, or firearms
- • Gambling
- • Violence, hatred, or profanity
For more information, please refer to the CTIA Short Code Handbook and Guidelines:
For more information on voice broadcast only, please refer to the National Do-Not Call Registry:
Please note that the provided information is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with your counsel on the precise scope and interpretation of any given laws/legislation and their impact on your particular business.
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