What are the TCPA and Cell Phone Carrier requirements for compliance?

TCPA Requirements

TCPA (Telephone Consumer Protection Act) protects the privacy rights of individuals by restricting unsolicited text messages.

Section (b)(2)(F) makes allowances for tax-exempt nonprofit organizations to send unsolicited text messages to their supporters in furtherance of the organizations tax-exempt purpose.

For-profit organizations must receive “expressed written consent” before sending text messages.

Carrier Requirements

MMA (Mobile Marketing Association) best practices are required by all cell phone carriers for text messaging programs. Section 1.4-9 states that after a mobile number has been added to a list, a confirmation text message must be sent to the subscriber containing the following information:

- "We would like to keep in touch with you!"
- Organization name and “Alerts”
- Estimated frequency of messages
- "Message and data rates may apply”
- "Reply HELP" instruction; "Reply STOP" unsubscribe instruction

GiveSmart Fundraise Ensures Organizations are Fully Compliant

All GiveSmart Fundraise text messaging programs have been vetted and approved by all cell phone carriers to ensure that your organization is TCPA and MMA compliant when sending messages.

NOTE: TCPA guidelines only allow text message notifications to be sent during regular business hours (9AM - 5PM) in the time zone in which you are located. If you schedule/send a notification message outside of this period, your message will send at 11AM the following day.

Further Reading