TCPA Compliance for Political Texting: What You Need to Know

The Telephone Consumer Protection Act (TCPA) regulates text message communication, including political campaigns. While political speech enjoys special protections, campaigns still must follow important rules to avoid legal issues and maintain voter trust.

Here's what every campaign needs to know about TCPA compliance for political texting.

What Is the TCPA?

The TCPA is a federal law enacted in 1991 to protect consumers from unwanted telemarketing calls and texts. It restricts the use of automatic telephone dialing systems (ATDS) and prerecorded messages.

Key provisions:

Requires consent before sending automated messages
Mandates opt-out mechanisms
Restricts calling times
Establishes penalties for violations ($500-$1,500 per message)

Political Speech Exemptions

Good news: Political campaigns have more flexibility than commercial businesses.

What Political Campaigns DON'T Need

Prior express written consent (PEWC): Commercial marketing requires "prior express written consent" - a clear, signed agreement. Political campaigns are exempt from this requirement under FCC rulings.

This means:

You don't need signed consent forms
You can text voters based on reasonable consent
You have more flexibility in how you obtain permission

National Do Not Call Registry: Political calls and texts are exempt from the DNC registry. You can contact numbers on the DNC list.

What Political Campaigns DO Need

Even with exemptions, campaigns must:

1. Have some form of consent 2. Honor opt-out requests immediately 3. Identify your organization clearly 4. Maintain reasonable hours

Consent for Political Texting

While you don't need prior express written consent, you still need consent. Here's what qualifies:

Valid Forms of Consent

Express opt-in:

Website form: "Text me campaign updates" checkbox
Keyword opt-in: "Text JOIN to 55555"
Verbal consent during canvassing: "Can we text you updates?"
Event sign-up sheets with opt-in language

Implied consent:

Existing relationship (donors, volunteers, active supporters)
Business card exchange with phone number
Public voter file (more controversial, use with caution)

Best Practices for Obtaining Consent

Be clear about what they're agreeing to:

✅ "Sign up to receive campaign text updates from Johnson for Congress. Message frequency varies. Reply STOP to opt out."

❌ Don't hide opt-ins in fine print or use deceptive language.

Document your consent:

Keep records of how contacts opted in
Track date and method of consent
Store opt-in source in your database

Provide clear information:

Who is texting (campaign name)
What they'll receive (updates, GOTV, fundraising)
How to opt out (Reply STOP)

What About Voter Files?

Using purchased voter files is legally permissible but carries risk:

Legal perspective: Courts haven't definitively ruled whether voter file contacts constitute implied consent for political texting.

Practical perspective: Texting voters who never gave explicit permission increases opt-out rates and complaints.

Best practice: Combine voter file contacts with explicit opt-in campaigns (door-to-door, events, digital ads) to build a permissioned list.

Opt-Out Requirements

This is non-negotiable. You MUST honor opt-outs immediately and completely.

Required Opt-Out Mechanisms

Accept standard keywords:

STOP
UNSUBSCRIBE
QUIT
CANCEL
END

Process immediately:

Remove from your list within seconds
Automated processing (don't rely on manual review)

Send confirmation:

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

Never contact again:

Add to suppression list permanently
Don't move them to a different list
Don't contact from different numbers

What NOT to Do

❌ Ignore opt-outs: Continuing to text after opt-out violates TCPA

❌ Delay processing: "We'll remove you in 24-48 hours" isn't compliant

❌ Require additional steps: Don't make them click links or call a number

❌ Send "one last message": The confirmation is the only allowed final message

❌ Re-opt them in later: Once they opt out, that's permanent unless they explicitly opt back in

Shared vs. Isolated Opt-Outs

Choose a platform with isolated opt-out lists:

Isolated (correct):

Voter opts out of your campaign only
Other campaigns can still contact them
TCPA compliant

Shared (problematic):

Voter's opt-out blocks ALL campaigns on platform
You lose reach to others' opt-outs
May not be TCPA compliant for your specific campaign

Political Comms provides isolated opt-out lists - your opt-outs are yours, and you're only responsible for honoring your own.

Sender Identification

Messages must clearly identify the sender.

Required Elements

Campaign or organization name:

✅ "This is Sarah with Johnson for Congress"

❌ "This is Sarah" (no campaign identification)

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

What You Don't Need

Candidate approval disclaimer: The "I'm [candidate] and I approve this message" requirement applies to TV/radio ads, not text messages.

Physical address: Not required in each message (though should be available if requested).

Time Restrictions

While the TCPA restricts calls to 8 AM - 9 PM, text message timing is less clearly regulated.

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
Major holidays

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

Message Content Rules

While content is less regulated for political speech, follow these guidelines:

What to Include

Every message should have:

Sender identification
Message content
Opt-out instructions (can be in initial message, not required in every follow-up)

Example:

Hi Maria! This is Alex with Johnson for Congress. Election Day is Nov 5 - can we count on your vote? Reply STOP to opt out.

What to Avoid

Deceptive content:

False caller ID information
Misleading sender names
Fake "personal" messages that are actually mass texts

Spam triggers:

ALL CAPS MESSAGES
Excessive punctuation!!!!!
Too many emojis
Suspicious links

Record Keeping

Maintain documentation to defend against complaints:

What to keep:

Opt-in records (when, how, where)
Message logs (what was sent, when, to whom)
Opt-out records (when processed)
Delivery reports
Complaint responses

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

Storage:

Secure, backed-up systems
Easily retrievable
Organized by campaign

Handling Complaints

Despite your best efforts, you may receive complaints.

How to Respond

1. Opt them out immediately: Even if you think you have consent, honor the request.

2. Document everything:

Original opt-in method
Messages sent
Opt-out processing
Any correspondence

3. Respond professionally: If they contact you directly, acknowledge and apologize:

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

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

Legal Threats

If someone threatens legal action:

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

Don't ignore: Take it seriously and document.

Consult counsel: If it seems credible, consult with campaign legal counsel.

Continue compliance: Maintain all documentation and continue following best practices.

Platform Compliance Features

Choose a platform that helps you stay compliant:

Must-have features:

✅ Automatic opt-out processing
✅ Required disclosures in templates
✅ Isolated opt-out lists
✅ Time zone awareness
✅ Message logging and records
✅ Consent tracking

Red flags:

❌ Manual opt-out processing
❌ Shared opt-out lists
❌ No record keeping
❌ Unclear data ownership

Political Comms provides all required compliance features with automatic opt-out processing and isolated suppression lists.

State-Specific Laws

Some states have additional regulations:

States with stricter rules:

California: CCPA data privacy requirements
Florida: Specific telemarketing restrictions
Other states may have varying requirements

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

The Bottom Line

TCPA compliance for political campaigns isn't complicated:

Required:

✅ Obtain consent (express or implied)
✅ Honor opt-outs immediately
✅ Identify your campaign clearly
✅ Maintain reasonable hours
✅ Keep records

Not required:

❌ Prior express written consent
❌ Avoid DNC registry numbers
❌ "Paid for by" disclaimers in each message

Choose a compliant platform:

Automatic opt-out processing
Isolated opt-out lists
Proper record keeping
Political campaign expertise

Political Comms helps over 2,000 campaigns maintain TCPA compliance with automated features and expert support.

Questions about TCPA compliance? Contact our team - we're here to help.

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