Definition
The TCPA (Telephone Consumer Protection Act) is the US federal law, enforced through FCC rules in 47 CFR 64.1200, that sets consent, time-of-day and opt-out requirements for marketing calls and text messages.
For marketing texts sent with an autodialer, the TCPA rules require the recipient's prior express written consent: a signed written agreement, which can be an electronic signature, that clearly authorises the seller and gives the number. A purchase may support transactional texts about that purchase, but it is not marketing consent, and a purchased list has no consent trail.
Our regulation data records an established-business-relationship exception for transactional traffic such as a code, a delivery alert or an appointment reminder. Adding a promotion turns the message into marketing, which needs written consent. The same data records a marketing window of 08:00 to 21:00 in the recipient's local time, so leave margin for messages queued near the limit.
In its 2024 order on revocation of consent, the FCC said people can revoke consent by any reasonable means, that replies such as stop, quit, end, revoke, opt out, cancel and unsubscribe are reasonable, and that requests must be honoured within a reasonable time, no more than ten business days. The FCC has since opened further proposals, so check the current text of 47 CFR 64.1200.
The TCPA is one of three layers. Carriers add industry rules through CTIA guidelines and 10DLC registration, and state laws can be stricter. This entry is general information, not legal advice; have US counsel review your program.
Frequently asked questions
Do I need consent to send transactional texts under the TCPA?
Our regulation data records an established-business-relationship exception for transactional traffic, but the content must really be transactional. A code or delivery alert qualifies in practice; adding a promotion makes it marketing, which needs written consent. Ask counsel about edge cases.
What hours can I send marketing texts in the US?
Our regulation data records 08:00 to 21:00 in the recipient's local time. Allow margin, because a message queued shortly before 21:00 may be delivered after it.
How must opt-outs be handled?
The FCC treats replies such as STOP, QUIT, END, CANCEL and UNSUBSCRIBE as reasonable ways to revoke consent and says requests must be honoured within a reasonable time, no more than ten business days. Keep one suppression list across numbers and campaigns.