TCPA Compliance: The Essential Guide for SMS Marketers
Stay compliant with federal regulations while running effective SMS campaigns.
TCPA Compliance Guide
The Telephone Consumer Protection Act (TCPA) governs SMS marketing. Here's what you need to know.
What TCPA Requires
Prior express written consent - For marketing messages
Clear opt-out mechanism - STOP must work
Identification - Recipients must know who's texting
Time restrictions - 8am-9pm recipient's local time
Penalties for Non-Compliance
Violation Type | Penalty Per Text |
|---|---|
Negligent | $500 |
Willful | $1,500 |
Example: 1,000 texts without consent = $500,000 - $1,500,000 potential liability
Safe Harbor Practices
Use double opt-in when possible
Maintain detailed consent records
Honor opt-outs immediately
Send during safe hours only
Include business name in every message
Hermes Keeps You Compliant
Our platform automatically:
Records consent with timestamps
Processes STOP keywords instantly
Blocks sends outside safe hours
Maintains audit trails