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United States SMS/MMS Compliance US compliance FAQs
US compliance FAQs Frequently asked questions about SMS/MMS compliance in the United States.
General compliance What is TCPA? The Telephone Consumer Protection Act (TCPA) is a federal law that regulates telemarketing calls, automated calls, and text messages. It requires express written consent before sending SMS/MMS messages.
Do I need consent before sending messages? Yes, you must obtain express written consent before sending SMS/MMS messages to customers. Consent must be clear, unambiguous, and can be revoked at any time.
What is express written consent? Express written consent means the recipient has clearly agreed to receive messages from you. This can be through:
Checkbox on a form
Written agreement
Text message opt-in
Electronic signature
Opt-out requirements How quickly must I process opt-outs? Opt-out requests must be processed immediately. You should stop sending messages to opted-out numbers within a reasonable time (typically within 24 hours).
What keywords should I support for opt-out? Support common opt-out keywords:
STOP
STOPALL
UNSUBSCRIBE
END
QUIT
Do I need to confirm opt-outs? Yes, it’s a best practice to send a confirmation message when someone opts out, confirming they will no longer receive messages.
Do Not Call Registry Do I need to check the Do Not Call Registry? If you’re making telemarketing calls, you must check the National Do Not Call Registry. For SMS/MMS, this depends on the nature of your messages.
How often should I check the Do Not Call Registry? Check the registry every 31 days if you’re making telemarketing calls. Maintain your own internal Do Not Call list as well.
Time restrictions When can I send messages? Messages should not be sent before 8 AM or after 9 PM in the recipient’s local time zone. Always respect time zones.
Are there exceptions to time restrictions? Emergency messages and certain types of informational messages may have different rules. Check regulations for specific exceptions.
State laws Do state laws apply in addition to federal laws? Yes, many states have their own messaging and privacy laws. You must comply with both federal and state laws where applicable.
Which states have additional requirements? States like California, Florida, New York, and Texas have specific requirements. Consult with legal counsel for your specific situation.
Consent forms should include:
Clear explanation of what types of messages will be sent
Message frequency
How to opt-out
Business contact information
Privacy policy link
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