TL;DR
- Prior Express Written Consent (PEWC) is required for SMS — no exceptions
- Purchasing a list does NOT equal consent
- Documentation must be kept 4+ years
- Per-message penalties range $500-$1,500
- Class action attorneys actively recruit plaintiffs
What is TCPA?
The Telephone Consumer Protection Act (TCPA) restricts telemarketing calls and texts. Key provisions: unsolicited texts, automated dialers, pre-recorded messages, Do Not Call compliance. Private right of action means individuals can sue directly.
Prior Express Written Consent (PEWC)
PEWC requires: written agreement (paper or electronic), clear disclosure about marketing texts, specific authorization for text messages, phone number identification, and cannot be a condition of purchase.
Client Results
“We rebuilt our entire SMS operation around proper consent. Zero legal threats in 18 months.”
— Dallas investor, 52 deals/year
What Does NOT Qualify
- Purchasing a list with phone numbers (data is not consent)
- Existing business relationship (covers calls, not texts)
- Property ownership records
- Skip trace data
- Implied consent from any source
Documentation Requirements
Keep records 4+ years: exact consent language, date/time, IP address (for web), source, phone number, and name of consenting party.
Opt-Out Handling
Honor opt-outs immediately. Standard keywords: STOP, UNSUBSCRIBE, CANCEL, END, QUIT. Continuing after opt-out = willful violation ($1,500/message vs $500).
Real Penalties
FCC fines: $40,000 to $225 million. Private lawsuits: $500 per text, $1,500 willful. 5,000 texts = $2.5-7.5M exposure.
Compliance Strategies
- Opt-In Only SMS — only text people who opted in
- Follow-Up SMS — use after another channel
- Exit SMS — drop from channel mix entirely