The 2025 Guide to Political Texting Compliance: Avoiding TCPA and FCC Fines

Political texting compliance isn't just about avoiding legal trouble - though TCPA fines of $500 to $1,500 per message can quickly bankrupt a campaign. It's about building trust with voters, maintaining your campaign's reputation, and ensuring your messages actually reach people.

The regulatory landscape for political texting continues to evolve. In 2025, campaigns face stricter enforcement, more sophisticated carrier filtering, and heightened voter expectations around privacy and consent. Understanding what's required - and what's optional - is essential for every campaign manager, compliance officer, and digital director.

This comprehensive guide covers everything you need to know about political texting compliance in 2025, including the critical distinction between P2P and A2P messaging that many campaigns still get wrong.

The Legal Framework: TCPA, FCC, and Political Speech

The Telephone Consumer Protection Act (TCPA)

Enacted in 1991, the TCPA regulates telemarketing calls and text messages to protect consumers from unwanted communication.

Core requirements:

Consent before sending automated messages
Honor opt-out requests immediately
Maintain Do Not Call compliance (with political exemptions)
Avoid calling outside permitted hours

Penalties for violations:

$500 per violation (per message)
$1,500 per willful violation
Private right of action (individuals can sue)
Class action risk

Key point: The TCPA applies to "automated" messages. The distinction between P2P (peer-to-peer, human-initiated) and A2P (application-to-person, automated) is legally significant.

FCC Regulations

The Federal Communications Commission enforces TCPA and issues additional guidance.

Recent FCC actions relevant to political texting:

Clarified political campaign exemptions
Required prior express consent (with nuances for political speech)
Mandated clear opt-out mechanisms
Increased penalties for violations

2024-2025 developments:

Stricter enforcement against platforms enabling illegal robocalls/texts
Focus on caller ID authentication (STIR/SHAKEN for voice, implications for SMS)
Greater scrutiny of "lead generation" consent practices

Political Speech Exemptions (And Their Limits)

Good news: Political campaigns enjoy certain exemptions from TCPA restrictions that apply to commercial entities.

What political campaigns DON'T need:

1. Prior Express Written Consent (PEWC)

Commercial entities need signed, written consent
Political campaigns are exempt from this requirement
You still need consent - just not the heightened "written" standard

2. National Do Not Call (DNC) Registry Compliance

Political calls and texts are exempt from the DNC registry
You can contact numbers on the DNC list

What political campaigns DO need:

1. Some form of consent (express or implied) 2. Immediate opt-out compliance 3. Clear identification of the sender 4. Truthful content

The exemptions are real but limited - don't interpret them as a free-for-all.

The Critical P2P vs. A2P Distinction

One of the most misunderstood aspects of political texting compliance is the difference between peer-to-peer (P2P) and application-to-person (A2P) messaging.

Peer-to-Peer (P2P) Messaging

Definition: Messages manually initiated by a human, sent to individual recipients, typically allowing for personalized, conversational engagement.

How it works:

Volunteer or staff member initiates each message
Messages go to individual contacts (not mass blasts)
Real-time, two-way conversations
Human review before sending

TCPA treatment:

Generally not considered "automated" for TCPA purposes
More flexible consent requirements
Stronger legal protection as political speech
Lower regulatory risk

Best use cases:

Voter outreach and engagement
GOTV messaging
Volunteer recruitment
Personalized fundraising
Survey and persuasion

Platform example: Political Comms enables P2P texting where volunteers individually text voters.

Application-to-Person (A2P) Messaging

Definition: Automated messages sent from an application to many recipients simultaneously without individual human initiation.

How it works:

System automatically sends messages
Mass distribution to large lists
Minimal or no human involvement
Often transactional or broadcast

TCPA treatment:

Considered "automated" for TCPA purposes
Requires prior express consent
Higher regulatory scrutiny
Greater compliance burden

Best use cases:

Appointment reminders
Order confirmations
Two-factor authentication
System notifications

Political use: Limited. Most political messaging should be P2P for legal and engagement reasons.

Why the Distinction Matters

Legal protection: P2P messaging receives stronger First Amendment protection and more lenient TCPA treatment because it involves human judgment and individual engagement.

Consent requirements: P2P allows for more flexible consent standards (implied consent, existing relationships), while A2P requires explicit prior express consent.

Carrier treatment: Carriers (AT&T, Verizon, T-Mobile) apply stricter filtering to A2P messages, viewing them as higher risk for spam.

Engagement quality: P2P enables real conversations and relationship-building. A2P is one-way broadcasting.

Bottom line: Political campaigns should use P2P messaging, not A2P, for voter outreach.

Consent Requirements for Political Texting

While political campaigns don't need "prior express written consent," you still need consent. Here's what qualifies and what doesn't.

Forms of Valid Consent

1. Express Opt-In (Strongest)

The voter explicitly agrees to receive texts from your campaign.

Methods:

Website form with clear opt-in language: "Yes, send me campaign text updates"
Keyword opt-in: "Text JOIN to 55555 to receive updates"
Verbal consent during canvassing: "Can we send you text reminders?"
Event sign-up with SMS opt-in checkbox
Donation form with text opt-in

Best practices:

Use clear, unambiguous language
Specify who is texting (campaign name)
Explain what they'll receive (updates, GOTV, fundraising)
Provide opt-out instructions
Record date, method, and source of consent

Example of proper opt-in language:

"Sign up to receive text updates from Johnson for Congress. We'll send you campaign news, volunteer opportunities, and GOTV reminders. Message frequency varies. Reply STOP to opt out anytime. Message and data rates may apply."

2. Implied Consent (Moderate)

Consent inferred from an existing relationship or interaction.

Valid scenarios:

Active campaign volunteers
Recent donors (within past 18 months)
Voters who previously engaged with your campaign
Individuals who provided their number with context that suggests consent

Invalid scenarios:

Purchased phone lists with no relationship
Cold contacts from voter files
Numbers obtained without context of political communication

Gray area: Publicly available voter file data. Courts haven't definitively ruled whether voter registration constitutes implied consent for political texting. Proceed with caution.

Best practice: Combine voter file data with explicit opt-in campaigns to build a permissioned list.

3. Existing Relationship

Prior engagement with your campaign may constitute implied consent.

Examples:

Volunteer who signed up in person
Donor who provided their phone number
Voter who attended your event and gave their number
Someone who replied to a previous text

What doesn't qualify:

Voter registration (no relationship)
Random phone number lists
Contacts from other campaigns (separate entities)

What About Voter Files?

This is the most controversial consent question.

The legal reality:

No court has definitively said voter files provide implied consent
No court has definitively said they don't
It's a legally gray area

The practical reality:

Texting cold voter file contacts results in higher opt-outs
Carriers may filter messages to unengaged recipients
Voter perception of "spam" harms your campaign

Political Comms recommendation:

Start with explicit opt-in campaigns (digital ads, door-to-door, events)
Build a permissioned list of voters who want your texts
Use voter file data to target opt-in campaigns, not as a texting list

This approach maximizes engagement, minimizes complaints, and stays well clear of legal risk.

Documenting Consent

Keep records of how every contact consented:

What to track:

Date of consent
Method of consent (web form, event sign-up, keyword opt-in)
Source (specific landing page, event name, volunteer interaction)
IP address or location (if digital)
Consent language shown to voter

How long to keep: Minimum 4 years (TCPA statute of limitations).

Why it matters: If someone claims they never consented, you need proof. Good records protect your campaign.

Opt-Out Compliance: The Non-Negotiable Requirement

Honoring opt-outs immediately and completely is the most critical compliance requirement. Failure here leads to TCPA violations, complaints, and fines.

Required Opt-Out Keywords

Your platform must recognize and honor these standard keywords:

STOP
UNSUBSCRIBE
QUIT
CANCEL
END
REMOVE
OPTOUT

Also honor variations:

"Stop texting me"
"Unsubscribe please"
"Don't text again"

Any clear expression of desire to stop receiving messages must be honored, regardless of exact wording.

Opt-Out Processing Requirements

Timing: Immediate (within seconds, not hours or days)

Process:

Automatically remove from all active campaigns
Add to permanent suppression list
Send confirmation message
Block all future messages

Confirmation message example:

"You've been unsubscribed from Johnson for Congress texts. You won't receive further messages from us. Reply START anytime to rejoin."

What you CANNOT do:

❌ Delay processing ("We'll remove you in 24-48 hours")
❌ Send "one last message" after opt-out (only confirmation allowed)
❌ Require additional steps (clicking link, calling number)
❌ Move them to a different list
❌ Re-opt them in later without explicit new consent
❌ Contact from different numbers

Isolated vs. Shared Opt-Outs

This is a critical platform selection issue.

Isolated opt-outs (correct approach):

Voter opts out of your campaign only
Other campaigns can still contact them
You maintain your own suppression list
TCPA compliant for your campaign

Shared opt-outs (problematic approach):

Voter's opt-out blocks all campaigns on the platform
You lose reach to voters who opted out of other campaigns
May not satisfy TCPA for your specific campaign
Reduces your reachable universe by 10-30%

Why this matters: TCPA requires you to honor opt-outs from your messages. A shared suppression list means you're honoring opt-outs from other campaigns' messages - voters who never received a message from you can block you.

Critical question for any platform: "Are opt-outs isolated per campaign or shared across all clients?"

Political Comms approach: Isolated opt-out lists. Your opt-outs are yours, and you only honor opt-outs from your own messages.

Sender Identification Requirements

Every message must clearly identify who is sending it.

What's Required

Campaign or organization name:

"This is Sarah with Johnson for Congress"

NOT sufficient:

"This is Sarah" (no identification)

What's NOT Required

"Paid for by" disclaimer: The "I'm [candidate] and I approve this message" disclaimer required for TV/radio ads does NOT apply to text messages.

Physical address: Not required in each message (though should be available upon request).

EIN or tax ID: Not required.

Best Practices

Be consistent: Use the same sender name across all messages so voters recognize you.

Be honest: Don't impersonate other organizations or use misleading names.

Include opt-out info in first message: While not legally required in every message, include "Reply STOP to opt out" in your initial text to each contact.

Message Content and Timing Rules

Content Guidelines

Required:

✅ Truthful content
✅ Clear sender identification
✅ Opt-out instructions (in first message)

Prohibited:

❌ False or misleading information
❌ Fake caller ID or sender information
❌ Deceptive content

Avoid spam triggers:

ALL CAPS MESSAGES
Excessive punctuation!!!!
Too many emojis
Suspicious-looking links
Generic shortened URLs (use branded links)

Timing Restrictions

TCPA guidance: Avoid calling before 8 AM or after 9 PM recipient's local time.

For text messages: The law is less clear, but follow these best practices:

Safe sending windows:

Weekdays: 9 AM - 9 PM local time
Weekends: 10 AM - 8 PM local time

Avoid:

Before 9 AM
After 9 PM
Very early morning
Late night

Account for time zones: Send based on recipient's local time, not your campaign headquarters' time zone.

Political Comms feature: Automatic time zone detection and scheduling.

10DLC Registration and Carrier Compliance

You cannot send messages without proper registration.

What is 10DLC?

10-Digit Long Code (10DLC) is the infrastructure for business and political texting in the U.S.

Requirements:

Register your organization (brand) with The Campaign Registry
Register each "campaign" (use case) for texting
Get carrier approval
Only then can you send messages

Registration Process

Step 1: Brand Registration

Submit organization information
Provide EIN/tax ID
Verify organization legitimacy
Cost: $4-$15 (one-time)

Step 2: Campaign Registration

Describe your use case (political outreach, GOTV, fundraising)
Provide sample messages
Confirm opt-in process
Cost: $10-$50 (per campaign)

Timeline:

Fast platforms: 24-48 hours
Slow platforms: 7-14 days

Political Comms process:

We handle the entire registration
Political campaign-specific workflows
24-48 hour approval
Included in setup ($15 total)

Why Registration Matters

Without 10DLC registration:

Carriers block your messages
Delivery rates plummet to near-zero
You waste money on undelivered messages

With proper registration:

95%+ delivery rates
Carrier trust and good sender reputation
Messages reach voters

State-Specific Laws

Some states have additional requirements beyond federal TCPA.

States with Notable Regulations

California (CCPA):

Enhanced data privacy requirements
Opt-out must extend to data use, not just messages
Higher penalties for violations

Florida:

Additional telemarketing restrictions
State-level Do Not Call list (political exemption applies)

Washington:

State law mirrors TCPA with some additions

Best practice: Follow the strictest applicable standard to ensure compliance everywhere.

Handling Complaints and Legal Threats

Despite best efforts, you may receive complaints.

Responding to Complaints

Step 1: Opt them out immediately Even if you believe you had consent, honor their request.

Step 2: Document everything

How they opted in
Messages sent
Opt-out processing
Any correspondence

Step 3: Respond professionally

"We apologize for the inconvenience. You've been removed from our list and won't receive further messages. Thank you for letting us know."

Step 4: Review your process Multiple complaints suggest an issue with your opt-in or messaging practices.

Handling Legal Threats

If someone threatens to sue:

Don't panic: Most threats don't result in lawsuits.

Don't ignore: Take it seriously and document.

Consult counsel: If credible, talk to campaign legal counsel.

Continue compliance: Maintain all documentation and follow best practices.

Consider:

Was consent properly obtained?
Were opt-outs honored immediately?
Is documentation complete?

Most TCPA claims settle or are dismissed if you have proper consent records and honored opt-outs correctly.

Platform Compliance Features Checklist

Choose a platform that helps you stay compliant:

Must-have features:

✅ Automatic opt-out processing (instant, not manual)
✅ Isolated opt-out lists (not shared)
✅ Required sender identification and disclosures
✅ Time zone awareness
✅ Complete message logging
✅ Consent source tracking
✅ Fast political-specific 10DLC registration

Red flags:

❌ Manual opt-out processing
❌ Shared opt-out lists across clients
❌ No record-keeping
❌ Unclear data ownership
❌ Slow or unclear 10DLC process

The Bottom Line

Political texting compliance in 2025 comes down to these core principles:

1. Obtain consent (express opt-in or existing relationship) 2. Honor opt-outs immediately (automatically, within seconds) 3. Identify your campaign clearly (in every message) 4. Use P2P messaging (not A2P automated blasts) 5. Register for 10DLC (fast, political-specific process) 6. Document everything (consent, messages, opt-outs) 7. Choose a compliant platform (automatic processing, isolated opt-outs)

Political campaigns enjoy exemptions:

✅ No prior express written consent required
✅ Exempt from National DNC registry

But still must:

✅ Obtain some form of consent
✅ Honor opt-outs immediately
✅ Identify sender clearly
✅ Keep records

The P2P advantage: Using peer-to-peer messaging (not automated A2P) provides stronger legal protection, more flexible consent requirements, and better voter engagement.

Political Comms helps over 2,000 campaigns stay compliant with automatic opt-out processing, isolated opt-out lists, 24-48 hour 10DLC registration, and political campaign expertise.

Questions about compliance? Contact our team - we're here to help you stay legal and effective.

Ready to launch compliant campaigns? Get started with Political Comms today.