Work through the federal Telephone Consumer Protection Act baseline, layer in state-specific "mini-TCPA" requirements, and track open gaps as you go. Your progress and notes are saved automatically on this device, and you can export a PDF snapshot at any time.
Clear, conspicuous written consent captured before sending any autodialed marketing text message.
○ Not reviewed
Consent is not made a condition of purchasing any good or service.
○ Not reviewed
Opt-in language discloses that the consumer will receive automated marketing messages, expected message frequency, and that "msg & data rates may apply."
○ Not reviewed
Opt-in confirmation includes HELP and STOP instructions.
○ Not reviewed
Separate consent is collected for each distinct seller or marketing campaign sharing the number (no bundled, blanket consent across unrelated brands).
○ Not reviewed
Consent records (timestamp, capture method, exact language/disclosures shown, IP/source) are stored and retrievable per consumer.
○ Not reviewed
STOP, UNSUBSCRIBE, CANCEL, END, and QUIT are all recognized as valid opt-out keywords.
○ Not reviewed
Opt-out requests are processed and honored as soon as reasonably possible (no later than 10 business days, per FCC rules).
○ Not reviewed
A single confirmation message is sent after opt-out, and no further marketing messages follow it.
○ Not reviewed
Revocation applies across all campaigns/programs from the sender, not just the specific thread the opt-out was sent from (2024 FCC scope-of-consent rules).
○ Not reviewed
Reasonable revocation methods are honored even outside of texted keywords (e.g., a reply in plain language, a request made through customer support).
○ Not reviewed
An internal do-not-contact list is updated immediately and suppresses all future sends to that number.
○ Not reviewed
No telemarketing texts before 8:00am or after 9:00pm in the recipient's local time zone.
○ Not reviewed
Recipient time zone is determined from area code or verified location data, not the sender's own time zone.
○ Not reviewed
Processes account for ported or relocated numbers that may no longer match their original area-code time zone.
○ Not reviewed
Numbers are scrubbed against the National Do-Not-Call Registry at least every 31 days.
○ Not reviewed
An internal, company-specific do-not-call list is maintained and checked before every send.
○ Not reviewed
DNC scrubbing is applied to all SMS/MMS marketing campaigns.
○ Not reviewed
Any reliance on an established business relationship (EBR) exception is documented, time-limited, and does not apply to autodialed marketing texts without separate consent.
○ Not reviewed
Consent records are retained for a minimum of 4-5 years (covering the statute of limitations plus a buffer).
○ Not reviewed
Opt-out requests and the date/time each was honored are logged and retained.
○ Not reviewed
Written TCPA compliance policies and procedures exist and are reviewed at least annually.
○ Not reviewed
Staff and vendors who touch outbound texting complete documented TCPA training.
○ Not reviewed
Third-party texting vendors are contractually required to comply with TCPA and provide audit rights.
○ Not reviewed
The sending business is clearly identified in every message.
○ Not reviewed
Expected message frequency is disclosed at the point of opt-in and remains accurate.
○ Not reviewed
"Msg & data rates may apply" is included in opt-in confirmation messaging.
○ Not reviewed
Replying HELP returns support contact information or clear instructions.
○ Not reviewed
This checklist is educational and does not constitute legal advice. TCPA case law and state "mini-TCPA" statutes change frequently, so confirm current requirements with counsel before relying on this list.