{"id":22820,"date":"2024-05-01T21:17:44","date_gmt":"2024-05-01T21:17:00","guid":{"rendered":"https:\/\/www.bloomreach.com\/library\/understanding-tcpa-and-ctia-compliance-for-sms-marketing-in-the-us"},"modified":"2026-03-12T13:20:26","modified_gmt":"2026-03-12T13:20:26","slug":"understanding-tcpa-and-ctia-compliance-for-sms-marketing-in-the-us","status":"publish","type":"library","link":"https:\/\/www.bloomreach.com\/en\/blog\/understanding-tcpa-and-ctia-compliance-for-sms-marketing-in-the-us","title":{"rendered":"Understanding TCPA and CTIA Compliance for SMS Marketing in the US"},"content":{"rendered":"

Disclaimer:<\/strong><\/p>\n

The information in this post is for informational purposes only. Please contact your legal team to obtain advice with respect to any particular issues or concerns regarding TCPA compliance.<\/strong><\/p>\n

What Is the TCPA?<\/h2>\n

The Telephone Consumer Protection Act (TCPA)<\/strong> is a United States federal law governing the regulation of telephone solicitations. The TCPA was first signed into law in 1991 and has remained the bedrock of federal telemarketing regulations ever since.<\/p>\n

Who Must Comply With the TCPA?<\/h2>\n

Because the TCPA regulates all telephone solicitations, any person, business, or entity that markets or sells their products or services over the phone \u2014 including voice calls, faxes, VoIP calls, and text messages<\/strong> \u2014\u00a0 is subject to the TCPA.\u00a0<\/p>\n

Brands using or planning to use SMS marketing<\/a> should be aware of Sections 4<\/u><\/a> and 5<\/u><\/a> of the TCPA\u2019s definition, which define what they mean by \u201ctelephone solicitation\u201d and \u201cunsolicited advertisement.\u201d\u00a0<\/p>\n

Why Does the TCPA Matter for SMS Marketing?<\/b><\/h3>\n

You cannot send unsolicited marketing text messages to your customers unless they voluntarily give you <\/span>prior express written consent<\/b>, which the FCC defines as:<\/span><\/p>\n

“A written agreement between the caller and the receiver of the call that clearly authorizes the caller to deliver advertisements or telemarketing messages using an automatic telephone dialing system or an artificial pre-recorded voice.”<\/span><\/p>\n

This consent must specify the phone number to be called and include the receiver’s written or electronic signature, which could be a button press confirming the agreement. The caller must also disclose that consent is not a condition of purchase.<\/span><\/p>\n

Typically, consent is captured via opt-in forms on your website or during checkout. The consent language must be clearly communicated and separate from other terms.<\/span><\/p>\n

If you already have phone numbers from your customers, can you just start sending them marketing messages?<\/b> No. Having someone’s phone number does not mean you have permission to text them. They must explicitly opt in to marketing communications from your brand.<\/span><\/p>\n

Consent is tied to the owner of the phone number, not the phone number itself. And if you operate a family of brands, consent to SMS from one brand does <\/span>not<\/b> mean consent to SMS from another. Each consent must be captured separately and clearly defined.<\/span><\/p>\n

Transactional vs. Promotional Messages<\/b><\/h3>\n

The TCPA applies different consent standards depending on the type of message you send:<\/span><\/p>\n

Promotional\/marketing messages<\/b> require <\/span>prior express written consent<\/b> (the higher standard). These include discount offers, product announcements, flash sales, upsell campaigns, and any message designed to promote or advertise.<\/span><\/p>\n

Transactional\/informational messages<\/b> require <\/span>prior express consent<\/b>, which can be oral or written (a lower standard). These include order confirmations, shipping updates, appointment reminders, account alerts, and password resets. However, transactional messages cannot contain promotional content. If you include a discount code in a shipping notification, the entire message may be classified as promotional.<\/span><\/p>\n

Understanding this distinction is important. Many businesses overcollect consent for transactional messages or undercollect for promotional ones. The safest approach: obtain written consent for all SMS communications and clearly separate transactional from promotional messages in your workflows.<\/span><\/p>\n

TCPA Requirements for SMS Marketers<\/b><\/h2>\n

Here are the key TCPA requirements for SMS marketing, along with Bloomreach solutions to help you stay compliant:<\/span><\/p>\n

Consent<\/b><\/h3>\n

Above all else, capturing clear and unambiguous consent is the most important requirement of TCPA compliance. Without prior express written consent, you may not send marketing messages.<\/span><\/p>\n

Bloomreach solution:<\/b> Consent management<\/span><\/a> + <\/span>TCPA list validation<\/span><\/a><\/p>\n

Make It Easy To Opt Out<\/b><\/h3>\n

The TCPA requires that customers can easily opt out of your SMS marketing program. The accepted method of unsubscribing is to respond to a text with <\/span>“STOP.”<\/b><\/p>\n

Since April 2025, FCC rules require businesses to accept opt-out requests through <\/span>any reasonable method<\/b>, not just keyword replies. This includes email, phone calls, website forms, chatbots, or even in-person requests. Businesses must process opt-out requests within <\/span>10 business days<\/b> and may send a single confirmation message (within 5 minutes, with no promotional content) to clarify which types of messages the consumer wants to stop receiving.<\/span><\/p>\n

It’s good practice to have easily accessible terms and conditions and periodically remind recipients of how to opt out so they aren’t frustrated or confused by the process.<\/span><\/p>\n

Bloomreach solution:<\/b> Consent management<\/span><\/a> and <\/span>keyword opt-outs<\/span><\/a><\/p>\n

\"Example<\/p>\n

Send Time Restrictions (Silent Hours)<\/b><\/h3>\n

The TCPA stipulates that text messages may not be sent before 8 a.m. or after 9 p.m. in the recipient’s time zone. Certain states are more restrictive. <\/span>Florida<\/span><\/a>, <\/span>Oklahoma<\/span><\/a>, and <\/span>Washington<\/span><\/a> state laws dictate texts can only be sent between 8 a.m. and 8 p.m. in the recipient’s local time zone. <\/span>Texas SB 140<\/span><\/a>, which took effect in September 2025, restricts automated messages to between 9 a.m. and 9 p.m. local time.<\/span><\/p>\n

To avoid risk, send texts between 9 a.m. and 8 p.m. and ensure time zones are respected.<\/span><\/p>\n

Bloomreach solution:<\/b> Silent hours in scenarios<\/span><\/a><\/p>\n

Identification Requirements<\/b><\/h3>\n

The TCPA requires the sender to provide their name, the name of the company they’re communicating on behalf of, and a telephone number or address which can be used to contact them again. This information should appear in your first message to new subscribers.<\/span><\/p>\n

Bloomreach solution:<\/b> Brand name<\/span><\/a><\/p>\n

Message Frequency Guidelines<\/b><\/h3>\n

The TCPA does not set strict limits on SMS frequency, but excessive messaging can be perceived as harassment and increases compliance risk. Most brands follow a general guideline of 1-2 promotional messages per week. Carrier-enforced policies add further restrictions:<\/span><\/p>\n