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SMS and Email Marketing in the United States
SMS and Email Marketing in the United States

Complying with the TCPA

Aron avatar
Written by Aron
Updated over a week ago

In the United States, consumers are protected by the Telephone Consumer Protection Act (TCPA). The TCPA states that you must have express consent given from every single person you send a marketing SMS to. That means if you import a list, you must have express written (or digital) consent from every single person on the list.

The following does not constitute legal advice. Please contact a lawyer if you have specific questions about complying with the TCPA.

If someone used to be a customer, or fills in a causal sign in form, they have not given their consent. A previous business relationship does not imply consent in the TCPA.

As well as obtaining consent, you also need to include a simple opt out function, and every SMS needs to contain the details of the sender. These details can be on a webpage linked in the message.

For each unauthorised SMS you send that does not comply with the above regulations, you can be fined up to $1500 USD. That racks up very quickly.

GymLeads helps you stay on the right side of the TCPA by providing an auto opt-out mechanism, and including a link with your details in every message. It is your responsibility to ensure you have express consent for every lead you send marketing messages to.

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