SMS Compliance Checklist: TCPA, Opt-In, and Best Practices

Sending SMS for marketing or notifications can be powerful, but it comes with legal responsibilities. This checklist helps you stay compliant with US rules and best practices so your campaigns are effective and lawful.

Why SMS Compliance Matters

TCPA (Telephone Consumer Protection Act) in the US restricts automated calls and texts without prior express consent.
Carrier and platform policies (e.g., short code rules) often require clear consent and opt-out.
Reputation and deliverability improve when you follow best practices and avoid spam reports.

Failing to comply can lead to fines, lawsuits, and blocked messages. When in doubt, get legal advice for your use case and region.

SMS Compliance Checklist

1. Consent (Opt-In)

[ ] Express written consent — You have clear, written permission to send SMS to each number (e.g., checkbox, form field, or keyword signup).
[ ] Disclosure — At the time of signup, you clearly state that the user will receive recurring (or one-time) SMS messages and that message and data rates may apply.
[ ] No pre-checked boxes — Consent must be affirmative; avoid pre-checked consent boxes for marketing SMS.
[ ] Documentation — You keep records of when and how consent was obtained (timestamp, source, IP if applicable).

2. Sender Identification

[ ] Identify your business — Every message should make it clear who is sending it (e.g., “Acme Inc: Your order has shipped”).
[ ] Consistent identity — Use a consistent sender name or number so recipients recognize you.

3. Opt-Out (Unsubscribe)

[ ] Clear opt-out in every message — Include a simple way to stop messages in every campaign (e.g., “Reply STOP to unsubscribe” or “Text STOP to opt out”).
[ ] Honor opt-outs promptly — Process STOP (and similar) requests immediately and remove the number from future marketing messages.
[ ] Confirm opt-out — Send one final confirmation that they have been unsubscribed.
[ ] No marketing after opt-out — Do not send further marketing SMS to that number unless they opt in again.

4. Frequency and Content

[ ] Reasonable frequency — Avoid excessive messaging that could be considered harassment or spam.
[ ] Accurate and relevant content — Don’t mislead; match what you promised at signup (e.g., order updates vs. promotional blasts).
[ ] Time of day — Consider quiet hours; many guidelines suggest not sending non-urgent marketing outside business hours.

5. Record-Keeping

[ ] Consent records — Retain proof of consent (source, date, method).
[ ] Opt-out records — Keep a suppression list of numbers that have opted out and do not contact them for marketing.
[ ] Audit trail — Be able to show what was sent, when, and to whom, for a reasonable period.

TCPA Quick Reference (US)

Prior express consent is required for marketing and many informational SMS.
Automated means equipment that can dial or text without human intervention; consent rules still apply.
Do Not Call (DNC) — Respect the National Do Not Call Registry for telemarketing; SMS rules are related but distinct (consent and opt-out are key).
Penalties — TCPA violations can result in statutory damages per violation; willful violations can be higher. Consult a lawyer for your situation.

Sending Compliant SMS with textbee

Once your program is compliant, you need a reliable way to send messages. textbee.dev lets you send SMS from your Android device via API or dashboard — no per-message fees from a third party. Use your existing phone plan and keep control of your messaging.

View textbee plans and pricing to get started with compliant SMS sending.

This checklist is for general guidance only and does not constitute legal advice. Laws and carrier policies vary by country and change over time. Consult qualified legal counsel for your specific use case.