TextProof · Small business
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.
📐 The honest answer: TCPA applies to any business sending marketing texts or calls, regardless of size — you need prior express written consent before texting, whether you're one person or a thousand.
If it applies to you, here's what you need — these are the points small businesses most often miss:
⚠️ Exposure: $500–$1,500 per text or call · Status: In force. Regulators and plaintiffs do go after small businesses — being small is not a defence.
Compare the penalty for every rule →
TCPA applies to any business sending marketing texts or calls, regardless of size — you need prior express written consent before texting, whether you're one person or a thousand.
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.
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.
Statutory damages are $500 per text, up to $1,500 for willful violations — and TCPA class actions are common and costly.
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) →
or read the full TCPA SMS / text marketing guide, or get one RuleGoose Score across every rule.
Informational only, not legal advice, and not affiliated with the FCC. Thresholds can change and be fact-specific — confirm against the cited source. Last reviewed 2026-06-30.