In Brazil, plenty of businesses send WhatsApp promotions to their entire contact list. In the US, doing the same thing by text message can lead to a lawsuit.
This guide is for informational purposes and is not a substitute for legal advice. For specific situations, consult a US attorney.
What is the TCPA?
The Telephone Consumer Protection Act is the federal law that regulates marketing calls and texts. For small businesses, the key points are:
- Automated marketing messages require prior express written consent. A customer giving you their phone number isn’t, by itself, enough for marketing;
- The law provides for damages of $500 per message, which can reach $1,500 for intentional violations. With a list of a thousand contacts, you can do the math.
Getting consent the right way
A good opt-in form includes:
- A checkbox that is unchecked by default;
- Clear wording explaining who will send messages, what kind (promotions, reminders), and how often;
- A notice that “Msg & data rates may apply” and that recipients can opt out by replying STOP;
- A record of the date, time, and source of consent (your CRM should store this).
Transactional vs. marketing messages
- Transactional/informational: appointment confirmations, visit reminders, “your technician is on the way.” Generally lower risk when tied to a service the customer requested;
- Marketing: promotions, discounts, “book with us again.” These require written consent.
A message that mixes the two is treated as marketing.
STOP has to work
When someone asks to opt out, by replying “STOP” or through another reasonable method, you need to stop. The FCC’s consent revocation rules have been updated in recent years, and some provisions have specific effective dates. Set up your system to record and honor opt-outs automatically.
Allowed hours and state rules
The federal rule limits telemarketing contact to 8 a.m. to 9 p.m., in the recipient’s local time. Some states are stricter. Florida, for example, has its own telemarketing law (FTSA), with a narrower time window and a limit on daily contact attempts. If you serve multiple states, follow the most conservative rule.
Registering your number (10DLC)
To send business texts from a standard US phone number, carriers require brand and campaign registration (A2P 10DLC). Without it, messages may be blocked or filtered. Platforms like the ones we use in our CRM handle this registration.
What never to do
- Buy a list of phone numbers;
- Import every contact from your phone and blast out promotions;
- Ignore someone who asked to opt out;
- Send marketing texts in the middle of the night or early on Sunday morning.
How we handle it
In the automations we build, opt-ins are recorded, STOP works automatically, texts are sent only during permitted hours, and marketing and transactional messages are kept separate. You move faster without putting your business at risk. We can talk through your setup in Portuguese or English.
