The TCPA, the Telephone Consumer Protection Act, is the federal law that governs calls and text messages sent to cell phones. Passed in 1991 and repeatedly updated since, it's the single most important law in political texting, because it sets the rules for consent, opt-outs, and how you're allowed to contact someone. Every compliant political text program is built to satisfy it.
What does the TCPA require?
At its core, the TCPA restricts sending automated calls and texts to cell phones without consent, and it requires senders to honor opt-outs. For any texting program, that translates into four obligations: have consent, honor STOP instantly, identify yourself, and message at reasonable hours. It also carries real teeth, statutory damages of $500 to $1,500 per message, which is what makes non-compliance so expensive.
How does the TCPA apply to political campaigns?
Political campaigns are subject to the TCPA, with one important carve-out: they're exempt from the prior express written consent standard that binds commercial marketers. So a campaign needs consent, but not a signed form. The Supreme Court confirmed the statute's reach for automated texts in Barr v. AAPC (2020). For the full treatment of what this means in practice, see the complete TCPA guide and what consent a campaign needs.
Why does the TCPA matter so much?
Because it's the law plaintiffs sue under, and campaigns send in volume. A single non-compliant blast to thousands of numbers is thousands of potential violations at $500 to $1,500 each, which is how TCPA cases become class actions. The TCPA is also distinct from 10DLC: the TCPA governs consent and is enforced in court, while 10DLC governs deliverability and is enforced by carriers. A campaign has to satisfy both.
Frequently asked questions
What does TCPA stand for?
The Telephone Consumer Protection Act, the 1991 federal law governing calls and texts to cell phones, including consent and opt-out requirements.
Does the TCPA apply to text messages?
Yes. The TCPA covers automated texts to cell phones, requiring consent and honored opt-outs. It's the primary law behind political texting compliance.
Are political campaigns exempt from the TCPA?
No. Campaigns are exempt only from the prior-express-written-consent standard. They still need consent, must honor STOP, identify themselves, and text at reasonable hours.
Keep reading: the complete TCPA guide and do campaigns need consent to text voters?. For the official source, see the FCC.
This is general information, not legal advice, current as of the date above.