TCPA compliance for SMS marketing

TCPA-compliant texting software with opt-outs, DNC lookup, quiet hours, and 10DLC built in.

The Telephone Consumer Protection Act has real teeth — $500 per message for unintentional violations and $1,500 per message for willful ones. CampaignCNX+ automates the parts of TCPA compliance that can be automated and flags the parts that can't, so your SMS marketing program stays out of the settlement column.

Hand composing a TCPA-compliant SMS text message on a smartphone

— What TCPA requires

Five TCPA obligations, automated where they can be and surfaced where they can't.

TCPA governs how businesses and campaigns contact consumers by text. The core requirements haven't changed — consent, easy opt-out, time-of-day limits, sender identification, and record-keeping. The platform handles four of those on the send path; consent is still your responsibility, but we log it so you can prove it.

  • Prior express consent — tracked per contact with source and timestamp
  • Easy opt-out — STOP / HELP / UNSUBSCRIBE honored platform-wide
  • Time-of-day restrictions — 8 a.m.–9 p.m. local time enforced automatically
  • Sender identification — handled through 10DLC brand registration
  • Record-keeping — full message and consent audit trail, exportable
Contact record showing consent timestamp, opt-in source, and DNC status — the audit trail required for TCPA compliance

Automated TCPA compliance

TCPA compliance features the platform handles automatically.

/01

Opt-out handling

STOP, HELP, and UNSUBSCRIBE honored immediately across every campaign. Confirmation sent. Contact removed from future campaigns.

/02

Quiet-hours enforcement

Time-zone-aware 8 a.m.–9 p.m. window per recipient. Messages outside the window are held until it opens.

/03

DNC registry lookup

Run lists against the federal DNC registry via DataZapp as an add-on. Flagged contacts drop out of sends.

/04

STOP language validation

The composer validates that required opt-out language is present before the campaign is allowed to go out.

/05

10DLC registration

Sender identification runs through registered 10DLC brand and campaign records. Toll-free quick-start handles same-day.

/06

Audit trail

Consent timestamp, source, every outbound message, every opt-out — logged and exportable if you ever need to defend a campaign.

Clipboard, pen, and pencil — consent records and audit-trail review for TCPA compliance

How TCPA compliance is enforced

How a text message clears TCPA compliance before it ships.

The review screen doesn't just show the recipient count and total cost — it's also the point where the platform confirms the send is TCPA-clean.

01

Opt-outs filter

Contacts who've said STOP are removed from the recipient count before review.

02

DNC drops

If DNC lookup has been run, flagged contacts drop out too.

03

STOP language validated

The composer checks for required opt-out language. No STOP language, no send.

04

Quiet hours held

Recipients outside their local window queue until the window opens. Everyone else ships on time.

What the TCPA actually says

Four TCPA requirements every SMS marketing program has to meet.

The Telephone Consumer Protection Act of 1991 was written for autodialed phone calls, but it covers SMS — and the FCC has been progressively tightening interpretation since 2012. For a text-marketing program, four things matter in practice:

  1. Express written consent before any promotional message. A pre-checked checkbox doesn't count. The opt-in must be a clear affirmative action by the recipient (texted-in keyword, signed form, unchecked checkbox they ticked).
  2. Disclosure at opt-in — the recipient must be told who's texting them, that message and data rates may apply, and how to opt out (typically "Reply STOP to cancel").
  3. Honored opt-outs — STOP, UNSUBSCRIBE, CANCEL, END, QUIT, and several variants must all stop further messaging. Carriers enforce this at the network level, but you need to handle it cleanly in your own list too.
  4. Quiet hours — most state-level interpretations require sends between 8:00 a.m. and 9:00 p.m. local time of the recipient, not the sender. A noon Eastern blast doesn't land at 9 a.m. Pacific.

CampaignCNX+ enforces (3) and (4) at the send path automatically. (1) and (2) are program responsibilities — but the platform stores the consent timestamp and source per contact so you have the audit trail when you need it.

A few things worth knowing if you're building a serious program:

TCPA compliance FAQ

TCPA compliance FAQ for SMS marketing programs.

Does the platform handle all of TCPA for me?

It handles the automatable parts — opt-outs, quiet hours, STOP language validation, DNC lookup, 10DLC sender identification, and audit logging. Consent is still your responsibility (you need documented opt-in before you text someone), but the platform stores the timestamp and source so you can prove it.

Is DNC lookup automatic on every send?

No — DNC lookup is an add-on at $0.015 per lookup via DataZapp. You run it on import or before a campaign that needs it. Once a contact is DNC-flagged in the system, they stay flagged and drop out of future campaigns automatically.

What about 10DLC registration?

10DLC is the carrier registration path for application-to-person messaging. It's the recommended path for any serious program. We handle the brand and campaign registration during onboarding. It runs in parallel with toll-free quick-start so you can send the same day you open an account.

How are quiet hours decided?

Per recipient, based on the contact's time zone. The platform enforces 8 a.m.–9 p.m. local time. A campaign scheduled for noon Eastern doesn't land at 9 a.m. Pacific — it waits for Pacific 8 a.m.

Can I export the audit trail?

Yes. Consent records, message history, and opt-outs all export as CSV. If you ever face a complaint, you have the documentation without having to reconstruct it.

What if someone replies STOP but I've already scheduled a campaign to them?

Opt-outs filter at send time — not at schedule time. A scheduled campaign will not deliver to anyone who has opted out between the time you scheduled it and the time it fires.

Does TCPA apply to political text messages?

Partially. Non-commercial political speech is exempt from some of TCPA's most restrictive autodialer provisions, but the FCC has been steadily narrowing that exemption — and the 2024 closing of the political robocall loophole reinforced that political senders should treat consent, quiet hours, and STOP handling the same as commercial senders. The safe path: get written consent, send only 8 a.m.–9 p.m. local, and honor opt-outs.

What's the penalty for violating TCPA?

$500 per message for negligent violations, $1,500 per message for willful or knowing violations. Class actions are common — at scale, a non-compliant 10,000-recipient send is a potential $5–$15 million exposure. Most consumer-side TCPA litigation is brought by specialized plaintiff's firms that actively scan for non-compliant senders.

What's the difference between TCPA and CAN-SPAM?

CAN-SPAM regulates commercial email and uses an opt-out framework — you can email someone first and they can ask you to stop. TCPA regulates phone calls and SMS and uses a stricter opt-in framework — you must have express written consent before the first message. Different statutes, different consent regimes, different penalty structures.

What counts as “express written consent” for SMS?

A clear, affirmative agreement to receive automated texts from a specifically named sender, including a disclosure that consent isn't a condition of purchase. In practice: an opt-in form the recipient signed or completed, a keyword opt-in they texted in, or an unchecked checkbox they actively ticked. Pre-checked boxes and buried-in-TOS language don't qualify under the FCC's current interpretation.

Related reading

Start sending

Start your TCPA-compliant SMS marketing program today.

Take the toll-free quick-start: purchase a verified phone number, import your opt-in list, and send your first TCPA-compliant text message the same afternoon. For programs serious about long-term deliverability and DNC hygiene, 10DLC carrier registration is the recommended path and runs in parallel while you're already sending.

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