Posts tagged TCPA.
Phone numbers get reassigned constantly, and texting the new owner of a number you had consent for is a real TCPA risk. Here's the reassigned-number problem, why it matters, and how to reduce the exposure.
Campaign and official texts can become public records or evidence, and retention rules apply beyond the TCPA. Here's how public-records and retention obligations touch political texting, and why keeping clean records protects you twice.
Political and commercial texting follow different consent rules, and confusing them is a common, costly mistake. Here's how the two differ on consent, registration, and content, and where they're exactly the same.
If a presidential campaign can get sued for texting voters without consent, so can yours. A factual look at the TCPA suits brought against the Trump 2020 campaign, and what they teach every campaign.
Campaigns assume a supporter's action gives them permission to text. Voters, and the carrier standard, disagree. The three consent myths that get programs flagged.
Not necessarily, but the line is legal, not marketing. 'Robotexting' loosely means automated mass texting, which raises autodialer and consent questions under the TCPA. Compliant political texting (consent, registration, opt-out) is lawful; 'robotexting' is what it's called when it isn't.
Prior express written consent: a clear, affirmative agreement to receive texts (often autodialed) at a specific number, with disclosures about what they'll get and that they can reply STOP. A pre-checked box, a buried clause, or 'they gave us their number' doesn't count.
TCPA damages run $500 per message, but willful or knowing violations can triple to $1,500. Here's what makes a violation willful, why it matters for campaigns sending in volume, and how to stay on the right side of the line.
A voter who gave you their email or agreed to calls hasn't necessarily agreed to texts. Here's how consent works across channels, why texting needs its own opt-in, and how to collect consent that actually covers text.
The "established business relationship" is a familiar telemarketing concept, but it's a weak reed for texting cell phones. Here's what EBR is, why it doesn't do the work campaigns hope, and what to rely on instead.
It arrives on campaign letterhead's worst day. A single certified envelope, a class-action threat, and per-text math that dwarfs your budget. What a TCPA demand letter actually means, and why it's already too late to fix.
With federal TCPA protections holding flat, states are filling the gap, and 2026 is set to bring more mini-TCPA laws. Here's the state-law outlook for campaign texting and what the trend means for a multi-state program.