TextProof · Compliance guide

TCPA SMS / text marketing: what it is, who it applies to & how to comply

The TCPA requires prior express written consent before marketing texts, a working opt-out (STOP), and sender identification — statutory damages run $500–$1,500 per text.

In force US rules

Does this apply to you?

This rule applies if you send SMS / text messages to customers. Text your customers? Check for written consent, STOP opt-out, and sender ID before you send. Not sure? The free checker tells you in about a minute — no signup.

What TCPA SMS / text marketing requires

In practice, TextProof's checker looks at whether you can answer "yes" to each of these. Each one is a place sellers commonly get caught:

What's at stake

⚠️ Exposure: $500–$1,500 per text or call. Status: In force.

Statutory maximums are worst-case ceilings, not a prediction — but they're why this is worth ten minutes now.

Common questions

Do I need consent before texting customers?

Yes — marketing texts require prior express written consent (a clear opt-in), and consent can't be a condition of purchase. Buying a phone list does not count as consent.

What is the STOP requirement?

Recipients must be able to opt out (e.g. reply STOP) and you must honor it immediately and confirm it. Keep the number suppressed afterward.

What are TCPA penalties?

Statutory damages are $500 per text, up to $1,500 for willful violations — and TCPA class actions are common and costly.

The source

RuleGoose checks this against the US Telephone Consumer Protection Act (47 U.S.C. 227) + FCC rules. Read it yourself: TCPA on Cornell LII (47 U.S.C. 227) →

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Related guides

Informational only, not legal advice, and not affiliated with the FCC. Last reviewed 2026-06-28.