How To Guides

Telephone Consumer Protection Act Text Messages: A Practical Guide for Nonprofits in 2025

James MartinJames Martin
September 4, 202518 min read
Telephone Consumer Protection Act Text Messages: A Practical Guide for Nonprofits in 2025

Key Takeaways

  • The Telephone Consumer Protection Act (TCPA) is a 1991 federal law that treats most marketing text messages like telemarketing calls, requiring prior express written consent before you hit send.
  • Violations cost $500–$1,500 per unlawful text with no statutory cap—class actions routinely reach multi-million-dollar settlements, making even small campaigns potentially devastating.
  • Valid opt-in must be clear, written, brand-specific, and cannot come from purchased or generic lead gen lists; each seller needs its own express consent.
  • Consumers may now revoke consent in any reasonable manner, and starting April 11, 2025, opt-out requests for robotexts must be honored within 10 business days.
  • Regulatory (FCC), industry (CTIA), and carrier rules all matter—combine strong consent flows, clear opt-out instructions, and ongoing legal review to protect your program.

SMS marketing works. That 10-15% click rate is impressive. But with that effectiveness comes intense scrutiny—and the Telephone Consumer Protection Act (TCPA) sits right at the center of it. If your organization sends text messages to customers, donors, or prospects, understanding TCPA isn’t optional. It’s the difference between building lasting relationships and facing lawsuits that could sink your entire operation.

This guide breaks down what the TCPA actually requires for SMS programs in 2025, how to obtain and document consent properly, the practical steps you need to maintain compliance while still reaching people where they are, and what can go wrong with SMS programs.

A person is holding a smartphone and reading a text message notification, which may include promotional information or marketing messages. This scene highlights the importance of obtaining express consent for sending text messages in compliance with the Telephone Consumer Protection Act.

What Is the Telephone Consumer Protection Act (TCPA) and How Does It Apply to Text Messages?

The Telephone Consumer Protection Act is a federal statute enacted in 1991, originally aimed at curbing robocalls, fax advertisements, and other automated telephone solicitation tactics that were overwhelming consumers. Today, it applies firmly to SMS and MMS marketing—most promotional text you send falls under its umbrella.

The Federal Communications Commission and, to a lesser extent, the Federal Trade Commission interpret and enforce TCPA rules. This includes regulations on messages sent via an automatic telephone dialing system and prerecorded or automated content.

Here’s what you need to know about how the consumer protection act tcpa connects to your text messaging program:

  • Marketing text messages are legally considered “calls” under longstanding FCC rulings and court decisions, bringing them under the same consent rules as telemarketing voice calls
  • The statute is codified at 47 U.S.C. § 227 and implemented by FCC regulations in 47 C.F.R. § 64.1200, which restrict telemarketing, automated dialing, and delivery of any unsolicited advertisement
  • Consumers have specific protections including the right to be free from unsolicited text messages, the right to place their telephone number on the National Do Not Call Registry, and a private right of action to sue violators for statutory damages
  • The law distinguishes between promotional communications and informational messages—marketing texts require stricter consent, while purely transactional or emergency messages may qualify for exceptions
  • Text messages and phone calls receive identical treatment under TCPA, so if you wouldn’t make an automated call without consent, you shouldn’t send the text either

The bottom line: most SMS campaign you run is subject to TCPA regulations, and the consequences for getting it wrong are severe.


Why TCPA Matters for Text Message Marketing Campaigns

SMS open rates often exceed 90% within minutes of delivery. That kind of effectiveness is exactly why compliance scrutiny is so intense for sms marketing programs. When a channel works this well, regulators and courts pay close attention to how it’s being used.

Any business or individual sending marketing messages to U.S. phone numbers—whether via short code, 10DLC long code, or toll-free numbers—must treat those activities as telephone solicitation under TCPA and comply accordingly.

Key points to understand:

  • TCPA’s applicability is content-based: if the primary purpose is to sell, promote, or advertise a product or service, the text is treated as telemarketing and requires prior express written consent
  • There’s no volume threshold: even small senders—local shops, nonprofits doing fundraising, single-member LLCs—are covered by TCPA regulations
  • TCPA differs from carrier rules: TCPA is statutory and enforceable in court with real legal authority, while cellular telecommunications industry association and carrier policies result in operational consequences like blocked messages or suspended short codes
  • The financial exposure scales quickly: a brand sending promotional texts to 10,000 recipients without proper consent faces potential damages of $5 million to $15 million

Consider this: a mid-sized retailer faced a class action after sending promotional texts to customers who had only consented to receive messages about order updates. The campaign reached 50,000 people. At $500 per message minimum, the legal exposure exceeded $25 million before attorneys’ fees.

The tcpa applies regardless of your intentions. Good faith doesn’t create a defense when you lack proper consent.

TCPA Compliance for Nonprofits, Churches, and Charitable Organizations

Nonprofits, churches, schools, and charitable organizations are not broadly exempt from the Telephone Consumer Protection Act (TCPA) when sending text messages. While TCPA rules were originally written with commercial telemarketing in mind, courts and regulators apply the law based on message content and consent, not tax status.

For SMS marketing and fundraising campaigns, nonprofits are generally treated the same as for-profit businesses under TCPA.

What Nonprofits Are Not Exempt From

Nonprofit organizations are not exempt from TCPA requirements related to:

  • Prior express written consent for marketing or fundraising text messages
  • Opt-out requirements (e.g., “Reply STOP to opt out”)
  • Do Not Call (DNC) rules as applied to text messages

Fundraising texts, donation solicitations, advocacy messages, and event promotion texts are typically treated as marketing or solicitation, not informational messages.

Informational Text Messages for Nonprofits

Like businesses, nonprofits may send purely informational or transactional text messages with a lower consent standard (prior express consent), only if the message contains no promotional content.

Examples that may qualify as informational include:

  • Donation receipts or confirmations
  • Event reminders for registered attendees
  • Volunteer shift reminders
  • Emergency or service-related notifications

If a message includes any call to action—such as “donate,” “give,” “support,” or “join”—it is generally treated as marketing and requires prior express written consent.

Common Nonprofit Compliance Pitfalls

Nonprofits frequently face TCPA exposure due to:

  • Treating fundraising texts as informational
  • Relying on legacy email consent for SMS outreach
  • Using shared, purchased, or third-party donor lists
  • Failing to document consent language at the time of opt-in
  • Sending texts after opt-out requests

Because nonprofit campaigns often involve large lists and emotionally compelling calls to action, even small compliance gaps can create significant legal risk.

Therefore, it is very important that you work with a vendor that can provide you with checklists, templates, and audit logs.

Best practice: Nonprofits should use the same consent standards, documentation, and opt-out processes as commercial SMS programs—especially for fundraising and advocacy campaigns.


Core TCPA Requirements for Text Messages

This section outlines the central compliance duties for SMS under the TCPA and relevant FCC rules. Think of it as your high-level checklist—each item gets expanded detail in the sections that follow.

Requirement

What It Means

Consent Type

Marketing texts require prior express written consent; informational messages may proceed with prior express consent (less formal)

Written Agreement

For marketing purposes, obtain a signed or verifiable written agreement authorizing SMS advertising to a specific mobile phone number

Clear Disclosures

Consent language must state that message frequency varies, carrier rates may apply, and consent is not a condition of purchase

Opt-Out Mechanism

Include opt out instructions (e.g., “Text STOP to cancel”) in every or every few marketing messages

Quiet Hours

No telemarketing calls or texts before 8:00 a.m. or after 9:00 p.m. in the recipient’s time zone

DNC Compliance

Scrub lists against the National Do Not Call Registry and maintain internal do-not-contact lists

Revocation Handling

Beginning April 11, 2025, the FCC’s final rule requires honoring revocation requests within 10 business days

The distinction between prior express consent and prior express written consent matters enormously. Marketing texts and messages sent via autodialer typically require the stricter written standard. Certain non-marketing informational messages may proceed with less formal consent—but only if they contain zero promotional content.


Consent is the cornerstone of TCPA compliance. Invalid consent—obtained via generic lead brokers, purchased lists, or ambiguous forms—is the most common root cause of expensive text-message lawsuits.

For marketing text messages, such consent requires a clear, conspicuous disclosure plus an affirmative action from the consumer. This means checking a box, entering their phone number provided, and clicking “Submit”—not a pre-checked box or buried terms.

A pair of hands is typing on a tablet device, with a sign-up form clearly displayed on the screen, suggesting a process for obtaining express written consent for receiving marketing text messages in compliance with the Telephone Consumer Protection Act. The scene emphasizes the importance of consumer protection and the legal requirements for sending promotional communications.

Your opt-in language needs to cover these elements:

  • Brand identification: Clearly state who will be sending text messages
  • Authorization language: Specify that the consumer authorizes automated marketing texts to the provided telephone number
  • No purchase requirement: State explicitly that consent is not required to make a purchase
  • Message frequency: Describe expected frequency (e.g., “message frequency varies, up to 8 msgs/month”)
  • Rate disclosure: Include “Msg & data rates may apply”
  • Opt-out instructions: Provide clear directions like “Reply STOP to opt out”

Obtaining consent properly means understanding its boundaries:

  • Brand-specific and program-specific: A user who agreed to texts from Brand A cannot be texted by Brand B based on the same form
  • Purpose-limited: An opt-in for account updates does not automatically authorize promotional information
  • Non-transferable: Purchased lists, co-registration pages bundling multiple advertisers, and comparison-shopping sites with “global” consent are extremely high-risk under recent FCC guidance

For mobile opt-in flows—keyword campaigns, QR codes, in-store tablets—confirm consent via a welcome text that restates core disclosures and includes opt out instructions from the start.

Best practice: Implement double opt-in. First capture the number and consent language, then confirm via a reply keyword. This reduces wrong-number and reassigned-number issues while creating a stronger consent record.

You must be prepared to prove consent in court or to regulators. This means systematically logging when, how, and under what language each consumer opted in to receive text messages.

Typical evidence includes:

  • Time-stamped IP logs from web forms
  • Screenshots or exports of sign-up pages showing exact consent language
  • Text logs of keyword opt-ins with timestamps
  • Copies of the terms and disclosures shown at the time of consent

Retain consent records for at least four years (the typical statute of limitations for TCPA actions) and longer where state laws or company policy require it.

Remember: consent is tied to the person who owns the number, not the number itself. This creates additional documentation duties for reassigned numbers.

Handling Reassigned and Deactivated Numbers

In the U.S., hundreds of thousands of mobile numbers are reassigned or deactivated monthly. TCPA compliance hinges on having consent from the current subscriber—not the prior owner.

Sending marketing texts to a reassigned number after the new owner never gave consent creates liability starting with the first message, even if you reasonably relied on old data.

Mitigation steps:

  • Use the FCC’s Reassigned Numbers Database where applicable
  • Work with carriers or vendors to scrub deactivated numbers
  • Suppress numbers that repeatedly bounce or respond “wrong person”
  • Periodically compare your subscriber list against deactivation feeds

Example: A retail brand running a loyalty program compares its database quarterly against carrier deactivation feeds and removes numbers that no longer belong to the original consenting consumer. This simple process prevents thousands of potential violations annually.


Providing Required Disclosures and Opt-Out Instructions

Clear disclosures and easy cancellation are central to both TCPA and CTIA/carrier expectations for SMS programs. Getting this wrong creates legal exposure and operational problems simultaneously.

At Sign-Up

Your sign-up form—whether web form, checkout checkbox, SMS keyword, or QR code—must present:

  • Program description (what types of messages you’ll send)
  • Message frequency disclosure
  • “Msg & data rates may apply”
  • Links to Terms and Privacy Policy
  • Opt-out instructions

Example of compliant opt-in language for a retail campaign:

“By entering your phone number and clicking Subscribe, you consent to receive recurring automated marketing text messages from [Brand Name] at the number provided. Message frequency varies, up to 8 msgs/mo. Msg & data rates may apply. Consent is not a condition of purchase. Reply STOP to cancel, HELP for help. View our [Terms] and [Privacy Policy].”

In Every Marketing Message

Every or nearly every marketing text should contain at least abbreviated opt out instructions:

“Reply STOP to opt out”

Consumers may initiate lawsuits based on difficulty opting out or confusion about how to easily opt out of receiving notifications.

Handling the Consumer’s Revocation Request

Under the 2025 FCC Opt-Out Rule (effective date April 11, 2025), consumers may revoke consent using reasonable means including:

  • Texting keywords like “STOP,” “QUIT,” “CANCEL,” or “UNSUBSCRIBE”
  • Email, voicemail, or web forms
  • Any other reasonable manner that clearly expresses their intent

After receiving an opt out request, businesses may send one non-marketing clarification message within five minutes asking whether the consumer’s revocation applies to a specific message type or all non-emergency communications. No promotional content may be included.

Your system should automatically:

  1. Confirm the opt-out (“You have been unsubscribed and will no longer receive marketing texts from [Brand].”)
  2. Immediately suppress that number from future sms campaigns
  3. Log the revocation requests with timestamp for your records

Respecting Quiet Hours and Do Not Call (DNC) Rules for Texts

Like phone calls, marketing text messages are subject to “quiet hour” rules and Do Not Call constraints designed to protect consumers from harassment.

Federal Quiet Hours

Telemarketing calls and texts to residential and wireless numbers are prohibited:

  • Before 8:00 a.m. in the recipient’s time zone
  • After 9:00 p.m. in the recipient’s time zone

You must use geo-location, ZIP code, or area code data (plus billing address where available) to approximate the recipient’s time zone and avoid sending messages outside permitted hours.

State-Level Restrictions

Some states have added stricter requirements:

State

Restriction

Florida

Calls/texts only 8 a.m.–8 p.m. (stricter than federal)

Oklahoma

Additional time restrictions apply

Various

Check state “mini-TCPA” laws for your specific markets

Do Not Call Registry Compliance

National Do Not Call (DNC) Registry and Text Messages

The National Do Not Call Registry, maintained by the Federal Trade Commission (FTC), may now cover text messages, extending protections to consumers against unsolicited marketing texts. Businesses must regularly scrub their text message lists against the DNC Registry—at least every 31 days—to avoid sending promotional messages to registered numbers. Exceptions exist, such as when there is an existing business relationship or when express written consent has been obtained from the consumer, which can override certain DNC restrictions.

In addition to federal DNC compliance, companies should maintain internal do-not-contact lists that are promptly updated with opt-out requests and consumer complaints. This dual-layered approach helps ensure that marketing text messages are sent only to consumers who have given proper consent, minimizing the risk of violating the Telephone Consumer Protection Act (TCPA).

Failing to comply with DNC rules is a common focus in TCPA lawsuits, often triggered by repeated messages to numbers on the registry or ignoring opt-out requests. Therefore, robust operational processes for list hygiene and timely suppression of numbers are critical to eliminating unlawful text messages and protecting consumers effectively.

Recommendation: Schedule regular audits of your SMS sending hours and DNC suppression logic, especially if you use multiple messaging vendors or CRMs that might not share suppression data in real time.

The image features a clock displaying various time zones, with a mobile phone positioned in the foreground, symbolizing the connection between global communication and the importance of obtaining consent for sending marketing text messages. This visual highlights the relevance of the Telephone Consumer Protection Act in ensuring compliance and protecting consumers from unsolicited text messages.

Penalties, Litigation Risk, and Emerging FCC Rules

TCPA violations are enforced primarily through private lawsuits—often class actions—rather than routine government audits. This makes risk management especially important for anyone sending text messages at scale.

Statutory Damages

The statute authorizes:

  • $500 per violation (per illegal text) for standard violations
  • Up to $1,500 per violation if the court finds the conduct “willful or knowing”

There is no statutory cap. A campaign reaching 100,000 recipients without proper consent could face $50 million to $150 million in potential damages.

Real-World Litigation

Multi-million-dollar settlements involving text messages and automated calls are common:

  • Financial institutions have settled TCPA class actions for tens of millions
  • Retail brands face ongoing litigation over promotional texts sent without explicit consent
  • Recruiting firms have been sued for texting job alerts without proper authorization

Private Right of Action

Individual consumers can sue directly in federal or state court or bring class actions. Some jurisdictions also allow personal liability for owners or compliance officers who directed or controlled the unlawful messaging.

The Impact of Facebook v. Duguid

The 2021 Supreme Court decision narrowed the federal definition of an automatic telephone dialing system, but it did not eliminate TCPA liability for text marketing. These elements still apply:

  • Prerecorded content rules
  • DNC Registry requirements
  • State mini-TCPA laws with broader autodialer definitions
  • Consent requirements for marketing messages

It is important to note that the 2021 Supreme Court decision in Facebook v. Duguid narrowed the definition of an automatic telephone dialing system (ATDS) under the TCPA. While this ruling limits the scope of what qualifies as an ATDS, TCPA liability for text messages remains firmly in place through other grounds such as consent requirements, content restrictions, Do Not Call (DNC) rules, prerecorded message regulations, and applicable state laws. Understanding these distinctions helps ensure your SMS marketing program remains compliant despite changes in ATDS interpretation.

New Rules Taking Effect

The FCC continues updating TCPA regulations for text messaging:

  • Carrier blocking requirements for clearly unlawful text messages
  • Extended DNC protections explicitly covering texts
  • 2025 Opt-Out Rule (effective April 11, 2025) formalizing how consumers may revoke consent in any reasonable manner and requiring compliance within 10 business days

For organizations looking to stay compliant and grow their programs, consider using simple, smart SMS sign up forms to boost your text message subscriptions.

State-level laws may impose even harsher standards. Florida’s Telephone Solicitation Act amendments (2021–2023) are one example—consult counsel to map both federal and state legal requirements.

Violation scenario: A brand sends a promotional campaign to 50,000 numbers. If just 2% (1,000) were non-compliant—lacking proper consent or previously opted out—the minimum exposure is $500,000. With willful violation findings, that jumps to $1.5 million. Add legal fees and settlement costs, and a single poorly managed campaign becomes an existential threat.


Best Practices for Building a TCPA-Compliant SMS Program

Beyond minimum legal compliance, effective SMS programs combine TCPA rules, CTIA guidelines, and carrier requirements to protect both consumers and your brand’s deliverability. Here’s how to build a program that works.

Establish a Written SMS Compliance Policy

Document your approach covering:

  • Consent language and obtaining consent procedures
  • Opt-out handling and revocation requests processing
  • Quiet hours enforcement
  • Vendor oversight requirements
  • Record retention policies
  • Responsibilities across marketing, legal, and IT teams

The TCPA requires businesses to retain consent records for at least four years, which is the typical statute of limitations for TCPA actions. Many organizations adopt a best practice of retaining these records longer, often between five to seven years, to better manage risk and support compliance efforts in the event of disputes or audits.

Train Your Team

Schedule regular training (at least annually) for staff involved in:

  • Lead generation and list building
  • Campaign creation
  • Customer support

Use real TCPA case studies to highlight common pitfalls like ignoring opt out requests or misusing shared lead lists.

Use Compliant SMS Platforms

Work with reputable providers offering:

  • Consent capture templates with TCPA-aligned language
  • Automatic STOP/UNSUBSCRIBE handling
  • Quiet hours enforcement
  • List hygiene features including deactivated-number suppression
  • Advanced methods for tracking consent records

Implement Double Opt-In

Double opt-in creates stronger consent records and reduces complaints:

  1. Capture the number and consent language
  2. Send a confirmation text requiring a reply keyword
  3. Only add to your marketing list after confirmation

Consider periodic consent refresh campaigns for long-dormant subscribers—ask them to reconfirm their opt-in to improve data accuracy.

Segment by Message Type

Separate flows for:

  • Transactional updates (order confirmations, account updates)
  • Informational messages (appointment reminders, service alerts)
  • Marketing offers (promotions, sales, promotional information)

This ensures consent is properly matched to the type of text being sent. One to one consent matching prevents scope creep violations.

Regular Policy Review

Review your SMS and privacy policies whenever:

  • New FCC orders are issued
  • Relevant court decisions are published
  • State legislation changes
  • Your messaging practices evolve

Adjust sign-up forms and templates accordingly to ensure compliance with new rules.

A diverse team of professionals is gathered in a modern meeting room, engaged in a discussion while reviewing various documents. The atmosphere is focused and collaborative, highlighting the importance of obtaining prior express written consent for marketing messages in compliance with the Telephone Consumer Protection Act.

Aligning TCPA Compliance With CTIA and Carrier Guidelines

Although CTIA guidelines aren’t laws, wireless carriers rely on them to police messaging behavior. Non-compliance can lead to:

  • Blocked messages
  • Suspended short codes
  • Shutdown of 10DLC and toll-free routes

CTIA Messaging Principles summary:

  • Clear opt-in with accurate program descriptions
  • Reasonable message frequency
  • SHAFT content prohibitions (Sex, Hate, Alcohol, Firearms, Tobacco, including CBD)
  • Honest sender identification
  • Functioning STOP, HELP, and similar keywords

Carriers expect opt-in language to include specific phrases like “Msg & data rates may apply.” Coordinate with your SMS provider to ensure all numbers are registered with accurate use cases and sample messages.

Key distinction: TCPA violations lead to legal damages and lawsuits. CTIA/carrier violations cause operational issues—filtering, deliverability problems, or sudden campaign suspension. Both matter, but the consequences differ. For organizations looking to avoid these issues and optimize their text messaging campaigns, a comprehensive checklist can be especially helpful.


Staying Ahead: Monitoring Changes to TCPA Rules and Enforcement

TCPA enforcement around text messages is dynamic. New FCC orders, declaratory rulings, and state laws emerge regularly, and what was compliant last year may create liability today.

Stay Informed

  • Subscribe to FCC releases and industry newsletters focused on telemarketing and SMS law
  • Follow legal alerts from telecommunications attorneys
  • Monitor state legislative developments, particularly in states with active “mini-TCPA” laws

Larger organizations should:

  • Work with outside counsel specializing in telecommunications law
  • Designate an internal compliance officer
  • Conduct periodic reviews of campaign practices, new automation tools, and third-party partnerships

Document Compliance Decisions

Record why specific programs are categorized as informational versus marketing. If challenged, you can demonstrate a thoughtful, good-faith approach to TCPA requirements.

The April 11, 2025 Example

The FCC Opt-Out Rule effective April 11, 2025 illustrates why ongoing monitoring matters. Brands must modify:

  • Scripts and messaging templates
  • Customer-service training
  • Technical workflows to honor any “reasonable” revocation method within 10 business days

Organizations that weren’t tracking this change face compliance gaps the moment the effective date arrives.

Conduct Internal Audits

Periodically review:

  • Actual text content being sent
  • Message logs and consent records
  • Customer complaints and their resolution
  • Alignment between live practice and written policy

Establish clear escalation paths for potential violations or systemic issues before they become class actions.


Frequently Asked Questions About TCPA and Text Messages

Q1: Does the TCPA apply if I manually send individual marketing texts from a mobile phone?

TCPA focuses on both the content (marketing vs. informational) and the technology used (automated vs. purely manual). While some one-to-one, manually dialed messages may present lower risk, sending marketing texts at scale—even from a smartphone—can still raise TCPA issues. Additionally, DNC rules and state laws apply regardless of whether you’re using an automatic telephone dialing system. If you’re sending promotional content to people who haven’t consented, you’re at risk.

Q2: Are purely transactional or informational texts (like order confirmations or account alerts) covered by TCPA?

Yes, TCPA does apply to these messages as “calls,” but most informational and non-marketing texts do not require prior express written consent and may qualify for exceptions. The key distinction: if a message includes any promotional or upsell language—even a brief mention of a sale or new product—it’s likely treated as marketing and requires the higher consent standard. Keep transactional texts purely transactional.

Q3: How fast do I need to stop sending messages after a customer opts out?

Under the FCC’s Opt-Out Rule effective April 11, 2025, businesses must honor revocations of consent “as soon as practicable” and no later than 10 business days after receiving a reasonable opt-out request. Best practice is to suppress the number almost immediately—within minutes, not days. The 10-day window is a maximum, not a target.

Q4: If I collected consent before 2025, do I need to re-obtain it under new rules?

Existing consent doesn’t automatically become invalid, but brands should verify that historical consent met prior express written consent standards (clear disclosures and affirmative action). If records are incomplete, ambiguous, or obtained via questionable lead sources, it may be safer to refresh consent with a new, tcpa compliance-focused opt-in flow. When in doubt, ask subscribers to reconfirm.

Q5: Can I use a single opt-in for both email and SMS marketing?

Email and SMS require separate consent under TCPA and best practices. A checkbox or form that merely authorizes “communications” is insufficient for compliant sms marketing. Capture distinct, clearly labeled permissions for text messages and email—even if collected in the same form. The written consent for SMS must specifically mention text messages, not just generic “marketing communications.”

Q6: Are nonprofits exempt from TCPA rules for text messages?

No. Nonprofits, including charities, churches, and advocacy organizations, are not broadly exempt from TCPA regulations for SMS messaging. Fundraising, donation requests, advocacy texts, and event promotions generally require the same consent standards as commercial marketing texts.


Q7: Can nonprofits send fundraising texts without prior express written consent?

In most cases, no. Fundraising texts are typically considered marketing or solicitation under TCPA and require prior express written consent. Only purely informational messages—such as donation confirmations or event reminders—may be sent with prior express consent, and only if they contain no promotional language.


Q8: Do Do Not Call (DNC) rules apply to nonprofit text messages?

Yes. While certain charitable exemptions exist for voice calls, they do not reliably extend to SMS marketing. Nonprofits should treat DNC rules as applying to text messages and rely on express written consent rather than exemptions to reduce compliance risk.


Compliance isn’t just about avoiding lawsuits—it’s about building trust with the people you’re trying to reach. Every text you send is an opportunity to respect your audience or alienate them. Get your consent flows right, honor opt-outs immediately, and treat the Telephone Consumer Protection Act as a framework for doing business with integrity.

Obtaining consent is not only about having permission but also about ensuring that the consent aligns precisely with the brand sending the message and the type of message being sent. Consent given for transactional or informational messages does not automatically cover marketing text messages. Similarly, consent for one brand cannot be transferred to another. This brand- and message-specific consent requirement is a critical compliance factor that helps prevent costly TCPA violations.

If your SMS program hasn’t been audited recently, now is the time. Review your consent records, update your opt-out processes for the April 2025 changes, and ensure your team understands what’s at stake. The organizations that thrive with SMS are the ones that earn attention through permission-based, human-centered outreach—not the ones scrambling to defend themselves in court.

We are not lawyers, and this content is for educational purposes only. It does not constitute legal advice. Laws and enforcement can vary by jurisdiction, so consult qualified legal counsel regarding your specific SMS program.

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