TCPA

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

1 min readLast updated Apr 2026

Reviewed by Golden Digital·Operator-reviewed ecommerce reference

Quick Reference

CategoryEmail Marketing & Klaviyo

Related Terms1

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

Written consent (including electronic) that clearly discloses: you'll receive marketing texts, approximate frequency, and that consent isn't required for purchase. Keep records of the consent language and timestamp.

Individual complaints can seek $500 per violation ($1,500 for willful violations). Class actions aggregate violations across all affected recipients. Settlements regularly reach millions of dollars.

Put it to work

Related Terms

Quiet Hours

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

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