Understanding the TCPA (Telephone Consumer Protection Act)

Overview:

The Telephone Consumer Protection Act (TCPA) is a U.S. federal law designed to protect consumer privacy and regulate telemarketing. It governs how businesses use phone calls, text messages, and faxes to reach customers.

The TCPA at a Glance:

• Passed in 1991
  
  

• Limits the use of auto-dialers, prerecorded calls, and unsolicited texts
  
  

• Requires express consent from consumers
  
  

• Empowers consumers to sue businesses that violate these rules
  
  

Why It Matters for SMS:

The TCPA applies directly to text messaging. If you're texting consumers - whether it's appointment reminders or promotional messages - you need to understand the difference between implied consent, express consent, and express written consent (more on that here).

Key TCPA Rules You Need to Know:

1. Explicit Consent Required
You must have a consumer’s clear permission to send them texts. This applies to both informational and marketing messages.

2. Consumers Can Revoke Consent
People can opt out of messages at any time, using any reasonable method (like texting STOP).

3. No Auto-Dialing Without Consent
You can’t use an auto-dialer to contact wireless numbers without prior express consent - even for non-promotional texts.

4. Consent Transfers With the Number
If someone ports their landline to a wireless number, their previous consent still counts.

5. Exceptions for Urgent Alerts
Some messages - like fraud alerts or medication reminders - may be allowed without consent if they’re time-sensitive and include an opt-out option.

How Text Groove Helps:

We automatically recognize industry-standard opt-out keywords like STOP, UNSUBSCRIBE, and CANCEL, and remove those contacts from your list. Still, it's your responsibility to ensure that your content and message flow follow TCPA guidelines.

Always consult with your legal team to make sure your messaging strategy stays compliant.

? Need a hand?

We’ve got you. Reach out anytime at support@textgroove.com.