• By Charlie Davies
• SMS Marketing

SMS Marketing Compliance: Complete TCPA and GDPR Guide for 2025

SMS marketing compliance isn't optional—it's a legal requirement that protects both your customers and your business. With regulations like TCPA in the United States and GDPR in Europe, understanding compliance is critical to avoid hefty fines and maintain customer trust. This comprehensive guide covers everything you need to know about SMS marketing compliance in 2025.

Understanding TCPA Compliance

The Telephone Consumer Protection Act (TCPA) regulates how businesses can contact consumers via SMS. Key requirements include obtaining prior express written consent before sending marketing messages, providing clear opt-out mechanisms, and honoring opt-out requests immediately. Violations can result in fines up to $1,500 per message.

GDPR Requirements for SMS Marketing

The General Data Protection Regulation (GDPR) applies to businesses sending SMS to EU residents. It requires explicit consent, transparent data usage policies, the right to access personal data, and the right to be forgotten. Businesses must document consent and implement robust data security measures.

How to Obtain Proper Consent

Proper consent requires clear, affirmative action from the customer. Use web forms with unchecked opt-in boxes, SMS keywords for text-to-join campaigns, or point-of-sale sign-ups with explicit consent language. Never use pre-checked boxes or assume consent through previous business relationships.

Opt-Out Requirements and Best Practices

Every marketing message must include clear opt-out instructions, typically "Reply STOP to unsubscribe." You must process opt-out requests immediately and send a confirmation message. Maintain an updated suppression list to prevent accidentally messaging opted-out contacts.

Message Content and Timing Restrictions

Send messages only between 8 AM and 9 PM in the recipient's local time zone. Clearly identify your business in every message. Avoid misleading content or false claims. For promotional messages, ensure the content matches what users consented to receive.

Documentation and Record Keeping

Maintain detailed records of consent, including when, where, and how consent was obtained. Keep logs of all messages sent, opt-out requests, and responses. This documentation is crucial if you ever face a compliance audit or legal challenge.

Compliance Checklist for SMS Marketing

• • Obtain explicit written consent before sending messages
• • Include clear opt-out instructions in every message
• • Honor opt-out requests immediately
• • Only send messages between 8 AM and 9 PM local time
• • Clearly identify your business in each message
• • Keep detailed consent and messaging records
• • Implement data security measures for customer information
• • Provide transparent privacy policies

Frequently Asked Questions About SMS Compliance

Can I send SMS to customers who gave me their number in person?
Not for marketing purposes without explicit consent. You need written consent specifically for marketing SMS, which includes clear disclosure of what they're agreeing to receive.

What's the difference between transactional and promotional SMS?
Transactional messages (order confirmations, shipping updates) have more lenient requirements than promotional messages. However, you still need consent and must provide opt-out options.

Do I need separate consent for each type of message?
Yes, best practice is to obtain specific consent for different message types (promotions, alerts, reminders) and allow customers to opt in or out of each category separately.

Conclusion

SMS marketing compliance may seem complex, but it's essential for sustainable business growth. By following TCPA and GDPR guidelines, obtaining proper consent, and respecting customer preferences, you'll build trust while protecting your business from legal risks. Compliance isn't just a legal obligation—it's a foundation for ethical, effective marketing.

Ready to implement compliant SMS marketing? Start with a platform that prioritizes compliance and makes it easy to follow best practices from day one.