SMS Compliance Reference
Comprehensive compliance reference for SMS marketing across major jurisdictions, opt-in copy templates, and STOP/HELP response templates.
> This is operational guidance, not legal advice. For high-volume programs (50K+ subscribers) or any program with non-trivial revenue, run your compliance setup past a TCPA-experienced attorney.
United States — TCPA
What it is
The Telephone Consumer Protection Act (1991, amended) regulates marketing calls and texts. The FCC enforces it; private plaintiffs sue under it. Statutory damages: $500–$1,500 per message. Class actions easily reach 7–8 figures.
Consent tiers
| Type | What it covers | How to capture |
|---|---|---|
| Express written consent | Marketing SMS (sales, promotions, offers) | Checkbox + clear disclosure language, captured electronically with timestamp |
| Express consent (non-written) | Informational/transactional (delivery, account alerts) | Phone number provided during transaction with awareness it'll be used to text |
| Established business relationship | NOT sufficient for marketing SMS | Doesn't apply |
Express written consent requirements
The opt-in flow must capture all of:
- The recipient agreed to receive marketing SMS from your brand
- The recipient understands consent is not a condition of purchase
- The disclosure showed frequency expectation, message and data rate notice, STOP/HELP instructions, terms link
- The agreement was electronically recorded with timestamp