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TCPA Compliance Basics
TCPA Compliance Basics:
What TextingOnly Handles,
What You’re Responsible For
The Telephone Consumer Protection Act (TCPA) sets the legal framework for business SMS in the US. TextingOnly automates opt-out handling and consent documentation — but you’re responsible for obtaining valid consent before sending. Here’s what you need to know.
TCPA compliance is not optional and not just a TextingOnly policy — it’s federal law with per-violation fines up to $1,500. The good news: TextingOnly automates the compliance-critical mechanics — opt-out processing, consent timestamps, suppression lists. Your responsibility is ensuring you have valid consent before adding contacts to your list.
This article provides general educational information about TCPA compliance as it applies to TextingOnly’s platform. It is not legal advice. For guidance specific to your business situation, consult qualified legal counsel.
What Is TCPA?
The Telephone Consumer Protection Act regulates automated calls and text messages sent to US consumers. For SMS marketing and lead generation, the key requirements are: obtaining express written consent before sending, providing clear opt-out mechanisms, and honoring opt-out requests immediately.
Consent Requirements
For marketing and promotional SMS, TCPA requires express written consent — meaning the contact explicitly agreed to receive text messages from your business, with that agreement documented. For informational or transactional messages (appointment reminders, order updates), the standard is lower but consent is still required.
What qualifies as valid consent:
When a contact taps a SmartLink and sends the pre-filled text, that action constitutes documented express written consent. TextingOnly logs the timestamp, number, and entry point automatically.
A web form where the contact enters their phone number AND checks a box agreeing to receive SMS, with disclosure language visible at the point of consent.
A physical form the contact signs that includes clear TCPA disclosure language and their explicit consent to receive text messages from your business.
Verbal consent is documented as express consent in some contexts but is harder to prove. Generally, written consent (SmartLink or form) is recommended for marketing SMS.
Purchasing a contact list does not constitute TCPA consent. Existing business relationships do not automatically grant permission to send marketing SMS. Prior consent for a different channel (email, phone) does not transfer to SMS.
What TextingOnly Handles Automatically
Your Responsibility
TextingOnly handles the mechanics — you’re responsible for the foundation: only sending to contacts who have given valid consent. Specifically:
Don’t import purchased lists or contacts who haven’t explicitly consented to SMS from your business. The SmartLink opt-in is the cleanest path to documented consent.
Marketing messages must include your business name and opt-out instructions (“Reply STOP to unsubscribe”) — typically at least in the first message of any new campaign.
The content you send must match the registered use case on your 10DLC campaign registration. Sending marketing messages on a transactional-only registration violates carrier policy.
TextingOnly handles opt-outs automatically — but if a contact requests to stop receiving messages through any channel (call, email, in-person), honor it by removing them from your list.
Opt-Out Keywords Handled by TextingOnly
The following keywords trigger automatic opt-out processing when replied by any contact: STOP · STOPALL · UNSUBSCRIBE · CANCEL · END · QUIT. These are CTIA standard opt-out keywords and are handled automatically across all message types.
The keyword START re-subscribes a previously opted-out contact if they initiate contact again.