TCPA-friendly texting for small businesses

Text messages are one of the fastest ways to reach a lead. They are also regulated. In the United States, the Telephone Consumer Protection Act (TCPA), FCC rules, carrier requirements and some state laws govern when and how businesses can text people.

This guide covers the practical basics for small businesses. It is general information, not legal advice. Rules change and depend on your situation, so talk to a lawyer about your specific use case.

1. Get clear consent before you text

The safest habit is simple: don’t send marketing texts to anyone who hasn’t clearly agreed to receive them.

• For marketing or promotional texts, the TCPA generally requires prior express written consent — a clear, signed agreement (electronic signatures and checkboxes can count) that identifies your business and the number being texted.
• Make the consent checkbox optional and unchecked by default, and don’t make it a condition of purchase.
• Use plain language that says who will text them, what kind of messages they’ll receive, that message frequency varies, that message and data rates may apply, and how to opt out.

A typical disclosure looks like this:

I agree to receive text messages from [Business] about my request, including scheduling and reminders. Message frequency varies. Msg & data rates may apply. Reply STOP to opt out, HELP for help. Consent is not a condition of purchase.

2. Keep proof of consent

If a consumer ever disputes that they agreed, you’ll want evidence. For each opt-in, store:

• the exact consent wording they agreed to,
• when it happened,
• where it happened (which form or page), and
• technical details such as the IP address.

Exa records consent per channel (email, SMS, WhatsApp and calls) on every lead, along with the source, the consent text as evidence and the IP address when it came from a web form.

3. Honor opt-outs — fast and every time

Consumers can revoke consent at any time and by any reasonable means. Standard keywords like STOP, UNSUBSCRIBE, CANCEL, END and QUIT should immediately stop marketing messages to that number, and HELP should return information about who you are and how to opt out.

• Stop texting promptly once someone opts out — FCC rules set a maximum time to honor revocations, but the best practice is to stop immediately.
• A single confirmation message acknowledging the opt-out is generally acceptable; don’t use it to pitch.
• If they text START later, they can opt back in.

Exa handles STOP, START and HELP keywords automatically and blocks further SMS to opted-out numbers server-side, so a busy rep or an automation can’t accidentally text someone who said no.

4. Respect quiet hours

Federal rules restrict telephone solicitations before 8 a.m. or after 9 p.m. in the recipient’s local time, and several states set stricter windows or limits on frequency. A simple policy that keeps you clear of the most common problems: don’t send marketing texts early in the morning, late at night, or on days your state restricts.

In Exa you set workspace quiet hours. Texts and calls are not placed during quiet hours in the recipient’s time zone, and automated messages wait until the window opens instead of sending immediately.

5. Register your business texting number

US carriers require businesses sending application-to-person (A2P) texts from standard 10-digit numbers to register their brand and messaging campaigns (often called A2P 10DLC registration) through their texting provider. Unregistered traffic may be filtered or blocked. Your provider — for example, Twilio — walks you through the process.

6. Treat conversations differently from campaigns

Replying to a customer who texted you first is different from sending a promotional blast. Informational, one-to-one replies within a conversation the customer started are lower risk than marketing messages — but opt-out requests still apply everywhere.

7. Don’t forget WhatsApp and email

• WhatsApp Business requires an opt-in, and outside a 24-hour window after the customer’s last message you can only send pre-approved templates. Exa enforces both.
• Email marketing in the US falls under CAN-SPAM: identify yourself, include a physical address and honor unsubscribes.

A quick checklist

• Optional, unchecked consent checkbox with clear wording on every form
• Consent stored with wording, time, source and IP
• STOP / HELP / START handled automatically
• Quiet hours configured for automated messages
• Texting number registered with your carrier or provider
• Opt-out status respected by every rep, template and automation

Getting these basics right protects your customers’ trust — and your business. When in doubt, ask a lawyer and err on the side of asking permission.