Two regulators, one set of rules to follow.
Telephone Consumer Protection Act
Federal legislation enacted in 1991 that governs telemarketing, text messaging, and the Do-Not-Call lists. Sets the consent and disclosure rules every US sender must follow.
Cellular Telecommunications Industry Association
Industry trade group that maintains the Short Code Monitoring Handbook and SMS marketing guidelines that carriers enforce. Audits short-code usage and can shut down non-compliant senders.
The highest bar for promotional SMS.
Express written consent is permission given by someone on paper or electronically to receive promotional messages via an autodialer.
Consent can be obtained through:
- ✓Recorded verbal consent
- ✓A checkbox on a web form
- ✓Texting a keyword to a phone number
Three categories, three consent levels.
What you must do.
SMS marketing is more regulated than email. The rules are real, the penalties are real, and ignorance is not a defense. Here's the floor for any US-facing campaign:
- ✓Get express written consent before sending marketing SMS — keep proof
- ✓Identify your business name and purpose in the first message
- ✓Honor opt-out requests instantly and persistently across all senders
- ✓Disclose 'Msg & data rates may apply' in opt-in copy
- ✓Send only during permitted hours (typically 8am – 9pm local time)
- ✓State that consent is not a condition of purchase
- ✓Specify message frequency in opt-in copy
- ✓Include opt-out (STOP) and help (HELP) instructions in initial messaging
What Treply does for you.
STOP / HELP auto-replies
Every keyword required by carriers is processed automatically. STOP suppresses the sender; HELP returns service instructions and identity. You don't write the code, you don't maintain the list.
Quiet hours by region
Per-recipient timezone enforcement. Sends scheduled outside permitted hours are queued and released automatically.
Opt-in audit trail
Every consent event is timestamped, IP-stamped, and exportable as legal evidence — minimum 4-year retention to meet TCPA requirements.
Suppression list management
Global suppression across all your senders. One STOP and that recipient is excluded everywhere — unless they explicitly opt back in.
10DLC registration
We drive brand and campaign registration end-to-end with US carriers. Most 10DLC approvals land in 5 business days.
Content scanning
Pre-send checks for SHAFT keywords (Sex, Hate, Alcohol, Firearms, Tobacco), restricted content, and missing identifiers — caught before the carrier rejects you.
Eight elements every opt-in needs.
Every promotional opt-in flow needs all eight of these. Skip one and the carriers can flag your campaign or filter your messages.
- ✓Business name & purpose
- ✓Automated promotional messages disclosure
- ✓Not a condition of purchase statement
- ✓Message frequency specification
- ✓Opt-out instructions (STOP)
- ✓Help instructions (HELP)
- ✓Msg & data rates apply notice
- ✓Terms & privacy links
You agree to receive automated promotional messages. This agreement is not a condition of purchase. Receive up to [Messages Per Month] messages per month. Reply STOP to opt out or HELP for help. Msg & data rates apply. Terms and privacy policy found at [YourTermsLink].
What you can't send, period.
Carrier-restricted categories.
- · Sex
- · Hate
- · Alcohol (age-gated exceptions)
- · Firearms
- · Tobacco (age-gated exceptions)
Banned by carriers and CTIA.
- · Cannabis & CBD
- · Loans & debt collection
- · Get-rich-quick schemes
- · Gambling
- · Deceptive marketing
- · Credit repair
The cost of getting it wrong.
TCPA penalties stack per message, and class actions are common. CTIA-driven audits can suspend or terminate your short codes. Toll-free and 10DLC numbers can be shut down for repeated violations.
Get your house in order.
We'll review your opt-in flow, suppression list, sender registration, and content templates against every region you send to. Free for prospects, included for customers.
Disclaimer: All information in this guide is for informational purposes only and is not intended to constitute legal advice.