TCPA Messaging and Compliance

Important Notice

This page is provided for informational purposes only and does not constitute legal advice. Captivated does not provide legal, regulatory, or compliance guidance.

As stated in Captivated’s Terms & Conditions, customers are solely responsible for compliance with the Telephone Consumer Protection Act (TCPA), carrier requirements, and all applicable federal and state laws, including obtaining, documenting, and honoring consent.

Customers should consult their own legal counsel regarding compliance obligations.

Texting Consent and Compliance

Text messaging is often the fastest and most effective way to communicate with customers. Captivated enables businesses to send and receive text messages that can be routed to team members in real time, similar to a phone call, without hold times.

Text messaging in the United States is governed by a federal law known as the Telephone Consumer Protection Act (TCPA). Below is an overview of key TCPA concepts related to business text messaging.

For additional industry guidance, businesses may consult the Best Practices Guide for SMS Marketing and Communications published by the Cellular Telecommunications Industry Association (CTIA).

What Does the TCPA Have to Do with Text Messaging?

The TCPA was enacted in 1991 to address telemarketing calls and has since been interpreted to apply to text messages under certain circumstances.

The TCPA generally requires a text message sender to obtain prior express consent from a recipient when using systems that have the capacity to store and call or text telephone numbers.

Whether a system qualifies as an autodialer depends on its capabilities, not on the number of messages sent. As a matter of caution, Captivated recommends that customers follow TCPA consent best practices.

Types of Text Messages Under the TCPA

The TCPA distinguishes between two primary categories of text messages: informational text messages and telemarketing or advertising text messages.

Informational Text Messages

Informational texts do not encourage a purchase or promote products or services. They typically relate to an existing transaction or customer relationship.

Examples include appointment reminders, reservation confirmations, billing notifications, service completion notices, and thank-you messages.

Examples that are not informational include coupons, promotional offers, or messages advertising additional products or services.

Telemarketing or Advertising Text Messages

Telemarketing or advertising texts encourage the purchase, rental, or investment in goods or services.

The distinction between informational and marketing messages can be subtle. Messages that include offers, upgrades, or promotions may be considered telemarketing even if sent in the context of an existing relationship.

How Do I Obtain Prior Express Consent?

The type of consent required depends on the nature of the message being sent.

Consent for Informational Messages

Prior express consent may be obtained when a person provides their phone number in connection with a transaction, inquiry, or service request.

Messages must relate directly to the transaction or inquiry.

Consent for Telemarketing or Advertising Messages

Telemarketing or advertising messages require prior express written consent. This consent must be in writing (including electronic forms) and clearly authorize marketing messages, identify the sender, acknowledge the use of automated systems, and state that consent is not required as a condition of purchase.

Can a Recipient Revoke Consent?

Yes. Recipients may revoke consent using any reasonable means. Businesses should honor revocation requests promptly and maintain internal records of revoked consent.

How Does STOP Work?

If a recipient replies STOP, this constitutes revocation of consent.

After receiving a STOP request, a business may send one confirmation message stating that messages will cease. No further messages may be sent unless new express consent is obtained.

Recordkeeping Best Practices

The TCPA allows recipients to bring claims for up to four years after an alleged violation.

Captivated recommends that customers maintain records of consent and revocations for at least four years.

Modern Messaging Channels

Messaging regulations and carrier requirements continue to evolve, including for newer channels such as RCS and automated messaging workflows.

Customers are responsible for ensuring that their use of all Captivated messaging features complies with applicable laws and carrier policies.

Responsibility Reminder

Captivated provides the technology platform only. Customers retain sole responsibility for message content, consent collection and documentation, compliance with the TCPA and other laws, and honoring opt-outs and revocations.

For binding terms governing use of the platform, please refer to Captivated’s Terms & Conditions and Privacy Policy.

Educational Resource Notice

This page is provided as an educational resource and does not create contractual obligations.

Captivated provides technology tools only. You are responsible for ensuring that your use of the platform complies with all applicable laws and carriers requirements. Please see our [Terms & Conditions] and [Privacy Policy] for contract terms that govern your use of Captivated’s services.