Executive Summary
The Telephone Consumer Protection Act (TCPA) and its FCC implementing rules at 47 CFR § 64.1200 govern when businesses may place certain autodialed calls and robotexts to wireless numbers, how telemarketing consent must be documented, and how consumers revoke consent. For SMS programs, the practical board-level controls are: (1) know whether your texts are telemarketing/advertising versus narrowly exempt informational patterns, (2) capture the right consent type with clear disclosures, (3) honor STOP and other reasonable revocation requests on the timelines the rule requires, and (4) keep evidence. TCPA compliance is not the same as A2P 10DLC registration—carriers can approve a Campaign while your consent practices still create legal risk. This guide explains the rule structure in plain English, maps consent types, covers revocation and DNC intersections, and gives an operating checklist. It is not legal advice; confirm edge cases with qualified counsel and monitor FCC effective-date notices for revocation amendments.
Short answer: Under 47 CFR § 64.1200, marketing/telemarketing texts that use covered autodialing technology generally require prior express written consent, with clear disclosures and a signature (including qualifying electronic signatures). Consumers may revoke consent by reasonable methods, including STOP and related keywords; senders must honor revocation within a reasonable time not to exceed ten business days under the current eCFR text of § 64.1200(a)(10). Separate carrier/10DLC rules still apply. Always verify the live eCFR text and counsel guidance before relying on any summary.
Who This Is For / Who It Is Not For
Who this is for
- Compliance, legal-ops, and marketing ops leaders running US SMS programs
- Product managers building checkout opt-in, STOP handling, and consent ledgers
- Agencies sending on behalf of brands (shared liability risk analysis with counsel)
- Executives who need a clear split between TCPA risk and TCR registration risk
Who this is not for
- Consumers seeking to sue a business (this is a business compliance overview)
- Non-US messaging programs with no US TCPA nexus
- Readers wanting dollar-amount “fine calculators”—statutory damages depend on facts and court application; we do not invent amounts here
- Substitute for retained counsel on class-action exposure
Definitions
| Term | Plain meaning (see § 64.1200(f) for formal definitions) |
|---|---|
| TCPA | Telephone Consumer Protection Act — federal statute; FCC rules implement key parts |
| § 64.1200 | FCC delivery-restriction rule covering many robocall/robotext scenarios |
| Prior express consent | Consent sufficient for certain non-telemarketing autodialed calls/texts in the rule’s structure |
| Prior express written consent | Written agreement with required disclosures authorizing telemarketing/ad autodialed/prerecorded messages to a specified number |
| Telemarketing | Initiating a call/message to encourage purchase/rental/investment in property, goods, or services |
| Advertisement | Material advertising commercial availability or quality of property, goods, or services |
| Autodialer / ATDS | Defined in the rule; court interpretations of capacity have evolved—confirm current case law with counsel |
| Revocation | Consumer withdraws consent; § 64.1200(a)(10)–(12) address methods and timing |
| STOP | Common SMS keyword treated as a reasonable per se revocation method in § 64.1200(a)(10) |
| 10DLC / TCR | Carrier registration systems—separate from TCPA consent law |
How TCPA Text Rules Fit With Carrier 10DLC Rules
| Layer | What it controls | Failure mode |
|---|---|---|
| TCPA / § 64.1200 | Consent, telemarketing disclosures, revocation, certain DNC/solicitation rules | Litigation, regulatory complaints, platform AUP enforcement |
| CTIA best practices | Industry messaging principles (informational vs promotional framing) | Filtering, CSP trust & safety actions |
| A2P 10DLC / TCR | Brand/Campaign identity and use-case registration for local long codes | Message blocks, rejections, carrier pass-through fees |
You need both lawful consent and (for US 10DLC A2P) proper registration. See consent evidence trail and registration guides on mytcrplus.com.
Core Rule Structure for Texts (High Level)
Primary source: 47 CFR § 64.1200 (Cornell LII) and the live eCFR Subpart L.
Key ideas operators should brief leadership on:
- Autodialed calls/texts to wireless numbers are heavily restricted unless an exception or consent applies (§ 64.1200(a)(1)).
- Telemarketing/advertising autodialed or artificial/prerecorded messages to those numbers generally need prior express written consent (§ 64.1200(a)(2)), with nonprofit and certain HIPAA health-care message nuances.
- Prior express written consent has content requirements: clear conspicuous disclosures, authorization for ATDS/prerecorded telemarketing, number authorized, and that consent is not a condition of purchase (§ 64.1200(f)(9)).
- Revocation must be honored when made by reasonable methods, including listed STOP-family keywords; timing limit of ten business days appears in § 64.1200(a)(10).
- Confirmation texts after revocation are narrowly allowed under § 64.1200(a)(12) if non-promotional and limited.
- National DNC / solicitation rules in § 64.1200(c)–(e) can intersect telemarketing SMS; treat DNC compliance as its own workstream with counsel.
- Limited exemptions exist (package delivery, certain financial fraud alerts, certain healthcare provider messages, etc.) with strict content, frequency, and opt-out conditions in § 64.1200(a)(9)—do not stretch exemptions.
Consent Types: Decision Framework
Step-by-step operating procedure
- Classify each template: telemarketing/advertising vs informational/account vs potentially exempt category.
- Identify technology: If messages are sent via platform automation, assume ATDS/robotext risk analysis is required until counsel says otherwise.
- Select consent standard: Marketing → aim for prior express written consent meeting § 64.1200(f)(9). Informational → document purpose-specific consent; do not smuggle promos.
- Capture disclosures: Brand identity, message purpose, frequency guidance, rates notice where appropriate, STOP/HELP, privacy link for web capture.
- Store evidence: timestamp, phone, disclosure version, IP/device, source form ID, recording ID for verbal.
- Wire revocation: STOP and reasonable alternate language; suppress within the rule’s timing; sync all systems.
- Audit quarterly: sample messages vs consent flags; dormant numbers; reassigned-number risk processes.
- Escalate edge cases (debt, healthcare, political, lead sellers) to counsel before scale.
Consent comparison table
| Scenario | Typical consent posture | Notes |
|---|---|---|
| Flash sales, coupons, cart recovery | Prior express written consent | Clear marketing disclosure; separate unchecked box |
| Order/shipping updates disclosed at checkout | Purpose-specific consent for those updates | Keep templates free of sale CTAs |
| Appointment reminders (non-promo) | Purpose-specific informational consent | CTIA informational framing; still document |
| HIPAA-covered health care messages under exemption | Follow § 64.1200(a)(9)(iv) conditions strictly | Limits on content, frequency, STOP; HIPAA still applies |
| Lead-gen shared with multiple sellers | High risk without careful one-to-one consent design | FCC/lead-gen developments—confirm current rules with counsel |
Revocation and STOP: What the Rule Text Currently Says
Under § 64.1200(a)(10) (eCFR text as fetched for this article):
- Consumers may revoke prior express consent / prior express written consent by any reasonable method that clearly expresses a desire to stop covered calls/texts.
- Using an automated opt-out on a call; replying with stop, quit, end, revoke, opt out, cancel, or unsubscribe; or using a website/phone number the caller designated for opt-out are reasonable means per se.
- Other reply wording that a reasonable person would understand as opt-out must also be treated as revocation.
- If the protocol cannot accept replies, each text must disclose that limitation and provide reasonable alternative revocation methods.
- Honor requests within a reasonable time not to exceed ten business days.
- Callers may not designate an exclusive means to revoke (per that paragraph’s text)—monitor FCC amendments and Federal Register publications for updates to revocation mechanics, including “revoke all” clarifications discussed in 2024–2026 FCC materials.
§ 64.1200(a)(12) allows a one-time non-promotional confirmation text; if sent within five minutes it is presumed within prior consent; longer delays require a reasonableness showing. If multiple categories exist, the confirmation may ask for clarification—but cease texts requiring consent until clarified.
Operational implication: Build STOP handling that is immediate in practice even though the outer legal bound is ten business days. Immediate suppression reduces complaint and lawsuit risk.
Marketing vs Informational: CTIA Framing Still Matters
CTIA Messaging Principles describe:
- Informational messaging (appointment reminders, alerts) where the consumer agreed to that purpose when providing the number
- Promotional messaging containing sales/marketing—consumer should agree in writing to promotional texts
- Adding a coupon CTA to an informational text may push it into promotional category
Use CTIA as industry best-practice context alongside TCPA—not as a substitute for the CFR. Source: CTIA Messaging Principles PDF.
Requirements Matrix for SMS Programs
| Control | Marketing SMS | Operational SMS | Owner |
|---|---|---|---|
| Prior express written consent meeting disclosures | Strongly indicated | Purpose-specific consent documented | Legal + marketing |
| Unchecked consent UI | Yes | Yes | Product |
| STOP / HELP | Yes | Yes | Eng |
| Honor revocation ≤ 10 business days (rule text) | Yes | Yes | Eng + ops |
| Suppress across all tools | Yes | Yes | Eng |
| DNC policies where solicitation rules apply | Evaluate | Usually N/A if non-solicitation | Compliance |
| 10DLC Brand/Campaign if on long code | Yes | Yes | Messaging admin |
| Evidence retention | Yes | Yes | Legal-ops |
Risks and Failure Modes
| Failure mode | Why it hurts | Mitigation |
|---|---|---|
| Pre-checked marketing SMS | Consent challenged | Unchecked boxes; clear copy |
| Shared lead consent for many brands | One-to-one consent failures | Seller-specific consent design |
| Ignoring non-STOP opt-out language | Violates reasonable-method revocation | NLP/keyword expansion + human review queue |
| Confirmation text with promo | Breaks (a)(12) safe pattern | Template lock: confirmation only |
| “Registered Campaign = TCPA safe” | False confidence | Separate legal audit |
| Verbal consent with no record | Unprovable | Call recording + script + CRM log |
| Reassigned numbers | Texts to new subscribers | Consent date + reassigned-number database processes |
| State mini-TCPA / privacy overlays | Additional exposure | Multi-state counsel review |
Implementation Checklist (Owner + Artifact)
| Step | Owner | Artifact |
|---|---|---|
| Template classification (marketing vs ops) | Compliance | Classification sheet |
| Consent UI copy review vs § 64.1200(f)(9) | Legal | Approved disclosure text |
| Consent ledger schema | Eng | Data dictionary |
| STOP processor + synonym handling | Eng | Keyword list + tests |
| Cross-system suppression | Eng | Sync diagram + test log |
| Confirmation SMS template lock | Marketing ops | Locked template ID |
| Quarterly consent audit | Compliance | Audit report |
| Counsel memo on ATDS case law + exemptions | Outside counsel | Memo PDF |
| Train agents on verbal consent scripts | Training | Signed acknowledgments |
| Link TCPA controls to 10DLC Campaign samples | Messaging admin | Package binder |
Practical Example: Good vs Risky SMS Consent Capture
Stronger pattern (illustrative, not a form guarantee):
- Unchecked box: “I agree to receive recurring marketing texts from Acme Store at the number provided.”
- Nearby: “Consent is not required to make a purchase. Msg frequency varies. Msg & data rates may apply. Reply STOP to opt out, HELP for help. Privacy: [link].”
- Backend stores timestamp, form version ID, and phone.
Riskier patterns to avoid:
- Pre-checked marketing boxes
- “By creating an account you agree to all SMS programs” buried only in T&Cs
- One checkbox covering both shipping updates and weekly promo blasts with no separation
- Continuing to text after “please remove me” free-form replies
Pair every web capture with a matching Campaign sample set if you also register 10DLC, so carrier reviewers and legal auditors see the same story.
Soft CTA
When your gap is documentation packaging for carrier registration (privacy pages, SMS disclosures, sample alignment), MyTCRPlus tools and microsite options can help you present a coherent public consent trail. They do not replace counsel on TCPA liability and do not guarantee Campaign approval or lawsuit outcomes.
FAQ
Do all business texts need prior express written consent?
Not always. Telemarketing/advertising robotexts covered by § 64.1200(a)(2) generally do. Purely informational programs may rely on different consent postures—but adding promotional content changes the analysis. Confirm with counsel.
Is STOP enough?
STOP-family keywords are treated as reasonable per se revocation methods in § 64.1200(a)(10). You must also treat other clear opt-out language as revocation when a reasonable person would understand it that way.
How fast must we honor opt-out?
The eCFR text requires honoring reasonable revocation within a reasonable time not to exceed ten business days. Best practice is near-immediate suppression.
Does double opt-in satisfy TCPA automatically?
Double opt-in can strengthen proof but is not a magic safe harbor. Disclosures and consent scope still matter. See single vs double opt-in.
What about healthcare appointment texts?
§ 64.1200 includes a conditional healthcare-provider exemption for certain messages with strict limits. HIPAA still applies. Do not assume every clinic SMS fits the exemption. See healthcare SMS compliance draft.
Does 10DLC registration mean we are TCPA compliant?
No. Registration is a carrier identity/use-case system. TCPA is a consent statute/rule framework.
Can we require customers to consent to marketing texts to buy?
§ 64.1200(f)(9) requires disclosing that the person is not required to sign the agreement or agree as a condition of purchasing property, goods, or services for prior express written consent. Design checkout accordingly with counsel.
What records should we keep?
Consent timestamp, channel, disclosure version, phone number, identity of seller, and revocation events—retention period per counsel and applicable law.
Do state laws still matter?
Yes. State mini-TCPA, telemarketing, and privacy statutes can impose additional requirements.
Where do I read the official rule?
Start with Cornell LII § 64.1200 and the eCFR Subpart L, then confirm amendments via Federal Register / FCC notices.
Key Takeaways
- TCPA text rules center on consent type, disclosures, and revocation—read § 64.1200, do not rely on blog fine charts.
- Marketing robotexts generally need prior express written consent with specific disclosures.
- Honor STOP and other reasonable opt-outs—rule text caps timing at ten business days; aim for immediate.
- Confirmation texts after opt-out must be non-promotional and limited.
- CTIA informational vs promotional framing helps Campaign and template design but does not replace the CFR.
- 10DLC registration and TCPA compliance are parallel obligations.
- Monitor FCC revocation amendments and effective dates; label uncertainty.
- Keep a consent evidence trail your counsel can defend.
Disclaimer
This article is for informational purposes only and is not legal advice. TCPA liability, ATDS definitions, exemptions, statutory damages, and state-law overlays depend on facts and evolving authority. Confirm current eCFR text, FCC orders, and case law with qualified counsel before sending commercial SMS. MyTCRPlus does not provide legal services and does not guarantee compliance outcomes.