Quick Setup Checklist
Use this checklist to align your SMS/voice program with common TCPA expectations.
- Confirm whether TCPA applies to your messaging or IVR use case.
- Collect prior express consent and store proof of consent.
- Include required disclosures (not a condition of purchase, program terms).
- Implement clear opt-out handling and respect carrier-enforced blocks.
- Avoid sending outside allowed hours (recipient local time).
- Use the fixes below to address common compliance risks.
The Telephone Consumer Protection Act (TCPA) is a U.S. law that regulates automated phone calls and text messages.
This article provides informational guidance only and does not constitute legal advice. Messages and calls sent through the platform may be classified by the FCC as robocalls or robotexts. SMS spamming is strongly discouraged.
Who this is for: This guidance is most relevant if you send SMS or IVR messages to contacts in the United States, especially when messages are automated, sent in bulk, or not directly initiated by a contact (for example, broadcasts or scheduled messages).
You must obtain prior written express consent before sending automated calls or text messages.
Common consent methods include:
- Website or mobile opt-in forms
- SMS opt-ins
- Email agreements
- Dial-pad or voice-recorded consent
Consent should be:
- Clear and unambiguous
- Not required as a condition of purchase
- Associated with a specific phone number
Example disclosure (sample wording):
“By participating, you consent to receive text messages sent through an automatic telephone dialing system.”
This disclosure should be clearly visible before the contact opts in.
Consent is not a condition of purchase. Contacts should be informed that agreeing to receive messages is not required to make a purchase.
Example disclosure (sample wording):
“Consent to receive messages is not a condition of purchase.”
When advertising or promoting an SMS program, clearly disclose:
- That the service is recurring (if applicable)
- Subscription terms and billing intervals
- All material terms and conditions
- Opt-out instructions
- Any applicable message or data rates
The service should not be described as “free” if charges may apply.
CTIA-style advertising guidance (commonly expected):
- Program description (e.g., “Receive recurring SMS alerts”)
- Opt-out instructions (e.g., “Text STOP to opt out”)
- Message & data rate disclosure
- Link to Terms & Conditions / Privacy Policy
How carrier opt-outs can work (Twilio example): If a contact sends STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT, the carrier can block further messages until the contact sends START.
Carrier confirmation example (sample wording):
“You have successfully been unsubscribed. Reply START to resubscribe.”
How the platform handles opt-outs (typical behavior): When the carrier notifies the platform of an opt-out:
- The contact is moved to the Stopped status
- The contact is removed from all groups
- Outbound messages are automatically blocked
[CAPTURE: Contacts tab showing a contact in the Stopped folder.]
TCPA commonly restricts message delivery to:
- 8:00 a.m. – 9:00 p.m.
- Based on the recipient’s local time zone
If your contacts span multiple time zones, contact support to discuss configuration options.
To protect your organization, retain proof of consent for at least four years, which aligns with the federal statute of limitations under TCPA.
Common Issues & Fixes
I sent messages without explicit opt-in
Risk: TCPA compliance risk.
Fix: Implement clear opt-in flows and store consent records (where, when, and how consent was given).
Contacts say they never agreed to messages
Cause: Inadequate or unclear disclosure.
Fix: Ensure disclosures are visible and explicit before opt-in, and keep durable proof of consent tied to a phone number.
Messages were sent outside allowed hours
Cause: Time zone misalignment.
Fix: Configure timezone-aware sending, segment audiences by time zone where appropriate, or use date-driven logic (e.g., campaigns) to control timing.