TCPA compliance for text messaging.
Understand the Telephone Consumer Protection Act and how it applies to nonprofit, political, and fundraising text messaging programs.
What is the Telephone Consumer Protection Act?
The TCPA (Telephone Consumer Protection Act of 1991) is a federal law regulating telephone communications, including text messages. It establishes requirements around consent, opt-out mechanisms, and calling/texting restrictions.
For organizations using SMS for fundraising, advocacy, or supporter engagement, TCPA compliance is a critical consideration. The law applies to commercial and many nonprofit text messaging programs.
Understanding TCPA requirements helps organizations communicate responsibly, protect supporter relationships, and reduce legal exposure.
Why TCPA matters for messaging programs.
Legal exposure
TCPA violations can carry penalties of $500 to $1,500 per message. Class action lawsuits have resulted in significant settlements across industries.
Supporter trust
Consent-based messaging is not just a legal requirement — it's a trust signal. Supporters who opt in are more engaged and more likely to give.
Deliverability
Carriers and aggregators increasingly filter non-compliant traffic. TCPA-aware programs have better deliverability and lower filtering rates.
Consent and opt-in under TCPA.
TCPA distinguishes between two levels of consent for text messaging: prior express consent and prior express written consent. The type of consent required depends on the nature of the message being sent.
Prior express consent
TCPA generally requires prior express consent for non-marketing messages sent using an autodialer. This can include providing a phone number in the context of a transaction or inquiry.
Prior express written consent
Marketing and promotional messages generally require prior express written consent — a signed (including electronic) agreement clearly authorizing the messages.
Consent capture
momoGood captures opt-in consent with source, timestamp, and method on every subscriber — supporting your compliance documentation.
Ongoing consent management
Consent records are maintained and accessible for audit, export, and legal review throughout the subscriber lifecycle.
STOP and opt-out requirements.
TCPA and CTIA require that recipients be able to opt out of text messages at any time and that opt-out requests are processed immediately. Failure to honor STOP requests is one of the most common sources of TCPA complaints.
Instant STOP processing
momoGood honors STOP and standard opt-out keywords instantly and permanently. No manual intervention required.
Opt-out confirmation
Supporters receive a confirmation message acknowledging their opt-out request, per industry best practices.
Audit trail
Every opt-out is recorded with timestamp, source, and method — exportable for compliance review and regulatory inquiries.
Established business relationships and TCPA.
Some organizations assume that an existing donor relationship provides blanket consent for text messaging. TCPA requirements for text messages are generally more specific than for traditional phone calls. An existing business relationship may not, on its own, satisfy TCPA consent requirements for text messaging. Organizations should consult legal counsel to understand how consent requirements apply to their specific programs and supporter relationships.
Political organizations and TCPA.
Political campaigns, PACs, and advocacy organizations have some specific considerations under TCPA. While certain political messages may have different treatment under the law, the requirements around consent and opt-out handling remain important. momoGood helps political organizations build compliance-aware messaging workflows with consent capture, opt-out processing, and audit-ready records.
TCPA vs CTIA guidelines.
TCPA is federal law enforced by the FCC and through private litigation. CTIA (Cellular Telecommunications Industry Association) guidelines are industry self-regulatory best practices enforced by carriers and aggregators.
Both matter: TCPA compliance is a legal requirement; CTIA compliance affects deliverability and whether your messages reach supporters' phones.
momoGood helps teams build workflows that address both TCPA requirements and CTIA best practices.
TCPA litigation and risk.
TCPA litigation has increased significantly in recent years. Class action lawsuits related to text messaging have resulted in substantial settlements across nonprofit, political, and commercial sectors. Understanding your consent practices, opt-out handling, and record-keeping is important for managing this risk. momoGood provides the tools to support compliance-aware workflows, but organizations should work with legal counsel to assess their specific risk profile and compliance posture.
How momoGood supports compliance-aware workflows.
Consent capture & records
Capture opt-in consent with source, timestamp, and method. Maintain audit-ready records throughout the subscriber lifecycle.
STOP & opt-out processing
Instant STOP processing, opt-out confirmation, and permanent suppression with full audit trail.
Messaging controls
Quiet hours, frequency limits, and timing controls to help teams send messages within appropriate windows.
Audit & export
Export consent records, message logs, and opt-out history for legal review, regulatory inquiries, and compliance audits.
Questions, answered.
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 that regulates telephone communications, including text messages. It establishes requirements for consent, opt-out mechanisms, and restrictions on automated communications.
Does TCPA apply to nonprofits?
TCPA applies to many nonprofit messaging programs, particularly those using automated systems to send text messages. The specific requirements can depend on the nature of the message and how consent was obtained. Consult legal counsel for guidance specific to your organization.
What is prior express written consent?
Prior express written consent is a signed agreement (including electronic signatures) where the recipient clearly authorizes the sender to deliver specific types of messages. It is generally required for marketing and promotional text messages under TCPA.
What happens if we don’t comply with TCPA?
TCPA violations can carry statutory damages of $500 per message, and up to $1,500 per message for willful violations. Class action lawsuits related to TCPA have resulted in significant settlements.
How does momoGood help with TCPA compliance?
momoGood provides compliance-aware tools including consent capture with audit records, instant STOP processing, quiet hours, and exportable compliance data. momoGood does not provide legal advice — consult legal counsel for guidance specific to your program.
What is the difference between TCPA and CTIA?
TCPA is federal law enforced by the FCC and through litigation. CTIA guidelines are industry self-regulatory best practices enforced by carriers. Both affect your messaging program — TCPA for legal compliance, CTIA for deliverability.
Do political campaigns need TCPA consent?
Political campaigns have some specific considerations under TCPA, but consent and opt-out requirements remain important for text messaging programs. Consult legal counsel for guidance on how TCPA applies to your political messaging.
What does STOP handling mean?
STOP handling refers to the process of immediately and permanently removing a subscriber when they reply STOP (or equivalent keywords) to a text message. TCPA and CTIA require prompt opt-out processing.
Can we text supporters who gave us their number?
Providing a phone number does not necessarily constitute sufficient consent for all types of text messages under TCPA. The consent requirements depend on the nature of the message and the context in which the number was provided. Consult legal counsel.
Is there a difference between informational and marketing texts under TCPA?
Yes. TCPA generally distinguishes between informational messages and marketing/promotional messages, with different consent requirements for each. Marketing messages typically require prior express written consent, while informational messages may require a different standard of consent.
Legal disclaimer
This page is provided for educational and informational purposes only. momoGood does not provide legal advice, and this content does not constitute legal advice or guarantee legal compliance. Organizations should consult qualified legal counsel for guidance specific to their messaging programs, jurisdictions, and regulatory obligations.
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