SMS marketing is one of the most heavily regulated marketing channels in the United States. The Telephone Consumer Protection Act (TCPA), carrier-level registration requirements, and state-specific laws all impose strict rules on how businesses can communicate via text. Understanding SMS compliance is not just about avoiding fines — it is the foundation of a sustainable, high-deliverability messaging program.
Why SMS Compliance Matters
The TCPA imposes statutory damages of $500 per unauthorized message, tripled to $1,500 for willful violations. A single campaign sent to a 10,000-person list without proper consent could generate $5 million in liability.
Beyond legal risk, non-compliant sending results in carrier-level blocking. Once your sender reputation is flagged, deliverability drops across all your campaigns. Compliance is not optional — it is a prerequisite for any effective SMS program.
TCPA: The Federal Framework for SMS Marketing
The TCPA, enacted in 1991 and updated by the FCC through ongoing rulemaking, governs all SMS marketing sent to US consumers. The following rules are most relevant to marketers.
Prior Express Written Consent
You must obtain prior express written consent before sending marketing texts. The consumer must clearly agree to receive SMS messages from your specific business, and you must retain a record of that consent. Acceptable consent mechanisms include:
- Web forms with clear SMS consent language and a checkbox (cannot be pre-checked)
- Keyword opt-in — the consumer texts a keyword to your number (e.g., "Text JOIN to 55555")
- Point-of-sale signups with written consent language on the form
What Does NOT Count as Consent
- Having someone's phone number (from a purchase, business card, etc.)
- A customer calling your business
- An email opt-in — email consent does not transfer to SMS
- Purchased or rented phone number lists
- A pre-checked checkbox on a web form
Consent Record Requirements
You must be able to prove consent was given. Store the following for each subscriber:
| Data Point | Why You Need It |
|---|---|
| Phone number | Identifies the subscriber |
| Timestamp of consent | Proves when consent was given |
| Method of consent | Web form URL, keyword, paper form |
| Consent language shown | Exact text the consumer agreed to |
| IP address (web forms) | Additional proof of the consent event |
10DLC Registration Requirements
10DLC (10-Digit Long Code) is the carrier-level registration system for business SMS in the US. Since 2023, all business texting through local phone numbers must be registered with The Campaign Registry (TCR). Unregistered traffic faces heavy carrier filtering and may be blocked entirely.
The Registration Process
- Brand registration — Register your company with TCR (EIN, company name, website, vertical)
- Campaign registration — Register each use case (marketing, transactional, etc.) with sample messages
- Carrier vetting — Carriers review your registration and assign a trust score; higher scores mean higher throughput
- Number assignment — Assign your 10DLC phone numbers to approved campaigns
10DLC Trust Scores and Throughput
| Trust Score | Daily Message Cap | Typical Senders |
|---|---|---|
| Low | 2,000/day | New brands, low volume |
| Medium | 10,000/day | Established brands |
| High | No practical limit | Large enterprises, vetted brands |
Your SMS platform should handle the registration process. Trackly manages brand registration, campaign submission, and number provisioning through the platform's number request workflow.
Opt-Out Handling
Every SMS program must provide a clear, frictionless way for recipients to unsubscribe. This is both a TCPA requirement and a carrier mandate.
- Honor STOP immediately — When a recipient replies STOP, UNSUBSCRIBE, CANCEL, END, or QUIT, you must cease sending within the same messaging session
- Confirmation message — Send a single confirmation: "You have been unsubscribed and will not receive further messages."
- No re-enrollment — Once someone opts out, you cannot message them again unless they re-consent through a new opt-in action
- No friction — Do not require multiple steps, a phone call, or a website visit to unsubscribe
Quiet Hours and Timezone Compliance
While the federal TCPA does not specify exact quiet hours, its "reasonable time" standard and various state laws create practical boundaries. The generally accepted safe window is 8:00 AM to 9:00 PM in the recipient's local time zone. Several states have enacted specific quiet hours legislation:
- Florida — No calls or texts before 8 AM or after 8 PM
- Oklahoma — No calls or texts before 8 AM or after 8 PM
- Washington — No calls or texts before 8 AM or after 8 PM (9 PM on weekends)
A capable SMS platform allows timezone-aware scheduling so messages respect local quiet hours automatically.
Content Requirements and Carrier Filtering
Carrier networks actively filter message content. Messages that trip content filters are silently dropped — the sender often has no indication the message was blocked. Avoid these common triggers:
- SHAFT content — Sex, hate, alcohol, firearms, tobacco. Heavily filtered or prohibited on standard 10DLC campaigns.
- Deceptive language — "You've won!", "Claim your prize", fabricated urgency
- Public URL shorteners — Services like bit.ly and tinyurl are frequently blocked. Use a custom branded domain for link tracking.
- Excessive caps or special characters — "FREE!!! ACT NOW!!!" reliably triggers carrier filters
SMS Compliance Checklist
| Requirement | Status | Notes |
|---|---|---|
| Prior express written consent | Required | Must have proof for every subscriber |
| 10DLC registration | Required | Brand + campaign registered with TCR |
| STOP/opt-out handling | Required | Automatic, immediate processing |
| Quiet hours (8 AM–9 PM) | Required | In recipient's local timezone |
| Consent records retained | Required | Phone, timestamp, method, language |
| Custom link domains | Recommended | Avoid public URL shorteners |
| Message content review | Recommended | Avoid SHAFT, deceptive language, excessive caps |
Compliance is not a limitation — it is a competitive advantage. Brands that maintain clean consent records and proper registration achieve higher deliverability, stronger carrier trust scores, and sustainable long-term SMS programs.