SMS Compliance Laws & Best Practices

Last Updated: May 2025

1. Introduction

Why SMS Compliance Matters for Businesses and Professionals

Text messaging has become an essential communication channel for businesses, organizations, and professionals. However, with great power comes great responsibility. SMS communications are heavily regulated to protect consumers from unwanted messages and ensure privacy rights are respected.

Understanding and following SMS compliance laws isn’t just about avoiding penalties—it’s about building trust with your customers and maintaining professional standards. Whether you’re a healthcare provider sending appointment reminders, an IT department issuing alerts, or a sole proprietor communicating with clients, compliance is crucial.

Overview of Key Regulations

The SMS compliance landscape includes several important regulations and guidelines:

TCPA (Telephone Consumer Protection Act) – Federal law governing automated calls and texts
10DLC (10-Digit Long Code) – Industry standard for business texting
CTIA Guidelines – Cellular industry best practices

Important Legal Disclaimer

TextBolt cannot and does not provide legal advice concerning US/Canada SMS compliance laws. The information provided here is for educational purposes only and should not be considered legal counsel. We strongly recommend consulting with qualified legal counsel to ensure your specific use case complies with all applicable laws and regulations. TextBolt assumes no liability for how you use our service or interpret this information.

2. What Constitutes SMS Spam

Understanding Spam Texts

SMS spam follows similar principles to email spam—it’s any unwanted text message containing irrelevant or inappropriate content sent without proper consent. However, the penalties for SMS spam are significantly higher than email violations.

Key Characteristics of Spam:

Messages sent without prior consent
Content unrelated to recipient’s interests or relationship
Deceptive or misleading information
Excessive frequency beyond reasonable expectations

Penalties Can Be Severe

Violations of SMS regulations can result in penalties ranging from $500 to $1,500 per message. With bulk messaging, these fines can quickly escalate to devastating amounts. This is why proper processes and legal review are essential before implementing any SMS communication program.

Note: TextBolt provides the technical infrastructure for sending messages but cannot determine whether your specific use case is compliant. Users are responsible for ensuring their messaging practices comply with all applicable laws.

3. TCPA (Telephone Consumer Protection Act)

What the TCPA Governs

The TCPA is a federal law that restricts telemarketing calls and automated messages, including SMS. It applies to all businesses and professionals sending automated text messages in the United States.

Key TCPA Requirements:

Prior Express Written Consent – Recipients must explicitly agree to receive messages
Clear Disclosure – Nature and frequency of messages must be disclosed
Opt-Out Mechanism – Easy way to stop receiving messages
Time Restrictions – Messages only between 8 AM and 9 PM recipient’s time

TCPA Penalties

Violations can result in:

$500 per violation (non-willful)
$1,500 per violation (willful)
Class action lawsuits
Injunctions against your business

Quiet Hours Compliance

TextBolt’s systems respect quiet hours (8 AM – 9 PM recipient time), but users remain responsible for scheduling messages appropriately. Always verify recipient time zones before sending.

4. CTIA Guidelines

What is CTIA?

The Cellular Telecommunications Industry Association (CTIA) represents the wireless communications industry. While CTIA guidelines aren’t law, violating them can result in serious consequences.

Why CTIA Guidelines Matter

Carriers (Verizon, AT&T, T-Mobile, etc.) follow CTIA guidelines and will:

Block non-compliant messages
Suspend or terminate your messaging capabilities
Report violations to authorities

SHAFT Content Restrictions

CTIA prohibits content related to:

Sex – Adult content, dating services
Hate – Discriminatory or hateful content
Alcohol – Direct sales or marketing
Firearms – Gun sales or related content
Tobacco/Cannabis – Including vaping products

TextBolt’s terms of service prohibit SHAFT content, but users are ultimately responsible for their message content.

5. 10DLC Compliance

What is 10DLC?

10DLC (10-Digit Long Code) is the industry standard for Application-to-Person (A2P) messaging using standard 10-digit phone numbers. It requires business verification and campaign registration. TextBolt’s 10DLC compliant messaging solution handles this complexity automatically.

Registration Requirements:

Business verification with official documents
Campaign registration describing message types
Carrier approval process
Ongoing compliance monitoring

Why 10DLC Matters for Delivery

Unregistered messaging faces:

High filtering rates
Message blocking
Carrier penalties
Poor delivery rates

TextBolt’s 10DLC Support

TextBolt handles the technical aspects of 10DLC registration automatically as part of our service. However, you must provide accurate business information and comply with your registered use cases. Misrepresenting your business or use case may result in account suspension.

6. Best Practices for Compliance

Always Obtain Express Written Consent

Proper consent must clearly indicate:

Agreement to receive recurring automated messages
Messages may use an autodialer/automated system
Consent is not a condition of purchase
Message frequency and type
Standard message and data rates may apply

Acceptable Consent Methods:

Physical signature on paper form
Digital signature on electronic form
SMS opt-in with confirmation
Web form with clear disclosures
Verbal consent with recording (check state laws)

TextBolt Recommendation: Always err on the side of caution. When in doubt, get it in writing. Our opt-in management features help streamline this process while maintaining compliance.

Opt-Out Management

Automated Opt-Out is Required

All programs must support:

Reply “STOP” to unsubscribe
Immediate processing of opt-outs
Confirmation message sent
No further messages after opt-out

Opt-Out Reminder Frequency:

T-Mobile recommends every 5th message
At minimum, monthly for recurring programs
Clear and simple instructions
Multiple acceptable keywords (STOP, UNSUBSCRIBE, CANCEL)

Message Content Best Practices

Be Transparent:

Identify your business clearly
State message purpose
Include frequency expectations
Avoid misleading content

Stay Compliant:

No SHAFT content
Professional tone
Accurate information
Respect quiet hours

To help ensure your messages meet compliance standards, we provide compliant message templates that include proper disclosures and opt-out language.

Record Keeping Requirements

Document Everything:

Consent records with timestamps
Opt-in methods and language used
Opt-out requests and confirmations
Message logs and delivery reports
Campaign descriptions and approvals

TextBolt provides basic message logs, but comprehensive compliance record keeping is the user’s responsibility.

7. International Considerations

Geographic Limitations

This guide primarily covers United States and Canadian regulations. SMS laws vary significantly by country, including:

Consent requirements
Quiet hours
Content restrictions
Penalty structures

International Messaging

If messaging internationally:

Research local laws thoroughly
Consult with local legal counsel
Consider using region-specific services
Implement country-specific compliance processes

TextBolt cannot advise on international compliance beyond US/Canada.

8. Industry-Specific Requirements

Healthcare Communications

HIPAA Considerations:

TextBolt doesn’t store patient data
Messages transit directly from Gmail to carriers
Healthcare providers should consult compliance teams
Consider Business Associate Agreements (BAAs)

For healthcare organizations, we recommend reviewing our detailed healthcare compliance considerations which address HIPAA requirements and patient communication best practices.

Financial Services

Additional Regulations:

GLBA (Gramm-Leach-Bliley Act)
Fair Debt Collection Practices Act
State-specific financial regulations
Enhanced consent requirements

Education

FERPA Considerations:

Student privacy rights
Parent/guardian consent for minors
Directory information limitations
Emergency notification exceptions

Real Estate

Fair Housing Act Compliance:

No discriminatory language
Equal service to all prospects
Careful with targeted messaging
Document fair practice policies

Industry-specific compliance is complex. Always consult with industry-specific legal counsel.

9. TextBolt’s Compliance Features

Built-In Compliance Support

TextBolt includes several features to support compliance efforts:

Automatic 10DLC Registration – We handle the technical registration process
Built-in Opt-Out Handling – Automated STOP processing
Time Zone Management – Helps respect quiet hours
Message Templates – Pre-built templates with compliance language
Basic Delivery Tracking – Proof of message transmission

Additional Compliance Tools (Available at Additional Cost)

For organizations requiring enhanced compliance documentation, TextBolt offers:

Advanced Message Logging – Comprehensive audit trails
Delivery Confirmations – Detailed delivery receipts
Opt-Out Tracking Reports – Complete unsubscribe history
Timestamp Records – Precise timing in recipient time zones
Compliance Dashboard – Centralized compliance monitoring

Contact support@textbolt.com for pricing on enhanced compliance features.

Limitations and Disclaimers

While TextBolt provides tools to support compliance:

We cannot guarantee your messages are legally compliant
Tools are aids, not complete solutions
You remain fully responsible for compliance
Features don’t replace legal counsel
Compliance is an ongoing process, not a one-time setup

10. Compliance Checklist

Use this checklist before launching any SMS campaign:

Pre-Launch Requirements

☐ Obtain written consent from all recipients

☐ Include all required consent language

☐ Set up automated opt-out processing

☐ Configure quiet hours restrictions

☐ Review message content for compliance

☐ Verify no SHAFT content

☐ Complete 10DLC registration

☐ Document consent collection process

Ongoing Compliance

☐ Honor all opt-out requests immediately

☐ Send only during allowed hours (8 AM – 9 PM)

☐ Include business identification in messages

☐ Provide opt-out instructions regularly

☐ Maintain accurate consent records

☐ Monitor delivery rates and complaints

☐ Update registration for new use cases

☐ Review and update compliance processes

Record Keeping

☐ Store all consent documentation

☐ Log all messages sent

☐ Track opt-outs and confirmations

☐ Document compliance procedures

☐ Maintain records for required period

☐ Regular compliance audits

11. Frequently Asked Questions

Is TextBolt compliant with SMS regulations?

TextBolt provides tools and features that support compliance efforts, including 10DLC registration and automated opt-out handling. However, compliance ultimately depends on how you use the service. We cannot guarantee compliance with your specific use case.

Proper consent must be clear, conspicuous, and in writing. It should specify who will send messages, what types of messages, how frequently, and include required disclosures. Always consult legal counsel for your specific situation.

What happens if I violate TCPA?

TCPA violations can result in fines of $500-$1,500 per message, class action lawsuits, and injunctions. TextBolt is not liable for user violations. We may suspend accounts that violate regulations.

Do these rules apply to transactional messages?

Yes, though some requirements differ. Transactional messages (order confirmations, appointment reminders) still require consent but may have different requirements than marketing messages. Consult legal counsel for specifics.

Can I send messages to customers who gave me their phone number?

Simply having a phone number doesn’t constitute consent for automated SMS. You need explicit written consent that meets TCPA requirements. Past business relationships don’t automatically grant SMS permissions.

What if my industry has specific regulations?

Industry-specific regulations (HIPAA, FERPA, etc.) apply in addition to general SMS laws. TextBolt cannot advise on industry-specific compliance. Consult with specialized legal counsel.

12. Need Help?

TextBolt Support

For questions about TextBolt’s features and technical implementation:

Email: support@textbolt.com
Support Hours: Based on your plan level
Technical documentation: www.textbolt.com/docs

Note: Our support team cannot provide legal advice or compliance determinations.

Legal Resources

We strongly recommend consulting qualified legal counsel for compliance questions. Additional resources:

FCC TCPA Information: www.fcc.gov/tcpa
CTIA Guidelines: www.ctia.org/initiatives/messaging-guidelines
Industry Associations: Check your industry’s specific associations

Important Reminders

Read All Terms: This guide is not comprehensive. Read TextBolt’s complete Terms of Service, Privacy Policy, and Acceptable Use Policy.

Your Responsibility: You are solely responsible for ensuring your use of TextBolt complies with all applicable laws and regulations.

No Legal Advice: Nothing in this guide constitutes legal advice. When in doubt, consult qualified legal counsel.

Subject to Change: Regulations change frequently. This guide may not reflect the most current requirements.

Indemnification: Per our Terms of Service, users agree to indemnify TextBolt against any claims arising from non-compliant use.