Email Marketing & Klaviyo

TCPA

Telephone Consumer Protection Act - US law requiring consent before sending marketing SMS.

1 min readLast updated Apr 2026

Telephone Consumer Protection Act - US law requiring consent before sending marketing SMS.

Why It Matters

TCPA violations carry severe penalties—$500-$1,500 per unsolicited text message. Class action lawsuits have resulted in multi-million dollar settlements. Proper consent collection and documentation isn't just best practice—it's legally required for SMS marketing in the US.

Practical Example

Scenario

A fashion brand sends a promotional SMS to 50,000 subscribers, but 8,000 were added from an old checkout flow that didn't explicitly consent to SMS.

Calculation

8,000 non-consented messages × potential $500-$1,500 per message penalty

Result

Potential liability of $4M-$12M. After legal review, they implement clear SMS opt-in with separate consent, documented at collection with timestamp and source.

Pro Tips

  • 1Get explicit, separate consent for SMS—email consent doesn't cover text messages
  • 2Document consent with timestamp, source, and the exact language shown to the subscriber
  • 3Include clear opt-out instructions in every message ('Reply STOP to unsubscribe')
  • 4Process opt-outs immediately and maintain suppression lists

Common Mistakes to Avoid

Assuming email consent covers SMS—it doesn't
Not documenting consent source and timestamp for each subscriber
Continuing to send after someone opts out or replies STOP

Frequently Asked Questions

Related Terms

Quiet Hours

Restricted times during which promotional SMS cannot be sent (before 8am, after 9pm).