The Ultimate SMS Compliance Guide

Appointment reminders are informational messages that require express consent (verbal or written).

• Best practices

  • Send 24-48 hours before appointment, include date/time/location
  • Keep messages concise and clear
  • Include facility name and contact information
  • For healthcare appointments, ensure
  • HIPAA compliance by avoiding sensitive health information in the message
  • Research shows SMS reminders can significantly reduce no-shows, as texts have a 98% open rate compared to emails

• Special considerations

  Patient Privacy (HIPAA)
  If you’re a healthcare provider, remember that appointment reminders are allowed under HIPAA as part of “treatment” communications – no special authorization is needed. However, limit sensitive details. Avoid including Protected Health Information (PHI) like diagnoses or test results in a text. For example, a generic “Dr. Smith, 10am on 5/20” reminder is fine, but don’t mention the procedure or condition.

  Consent and TCPA
  Get the patient’s permission to receive text or voice reminders. Providing a phone number during intake or scheduling is usually considered consent for reminders. The Telephone Consumer Protection Act (TCPA) treats appointment texts as informational, so prior express consent (not necessarily written) is sufficient – especially for healthcare messages which are exempt from the stricter written consent rule. Document this consent in case you need to prove it later.

  Easy Opt-Out
  Even for appointment reminders, honor opt-outs. If a patient texts “STOP” or asks not to get reminders, you should stop. Regulators (and courts) expect you to respect revocations of consent at any time. It’s good practice to include a line like “Txt STOP to opt out” so patients know they can unsubscribe if needed.

• Sample compliant message

  "Hi , this is a friendly reminder that your upcoming appointment at TEA Health is today at 1:00 PM. If you need to reschedule, please reply to this message or email support@text-em-all.com"

  "This is a courtesy reminder from TEA Chiropractic to remind you of your appointment tomorrow anytime between 3:30-4pm 555-427-3435"

  "This is TEA Neurology. You have a procedure appt with Dr. Alfaro on 11/19/23 at .  To confirm, please reply YES to this text message or call our office at 555-226-3080 option 3. Thank you.
  
  Our address: 3800 Parkwood Blvd. Frisco, TX 75034"

Closure or delay notifications are informational messages that require express consent.

• Best practices

  • Send as early as possible to give recipients time to adjust plans
  • Be clear about duration and impact of the closure
  • Include alternative options when applicable
  • Provide a resource for additional information or updates

• Special considerations

  Emergency Exceptions
  Urgent closure alerts (e.g. “Closed due to gas leak” or weather emergencies) can often be sent without prior consent under the TCPA’s emergency purpose exception. The FCC defines an emergency as a situation affecting the health or safety of consumers. This means if there’s an immediate threat or safety issue, you can broadcast a text/voice alert to everyone on file.

  Routine Delays
  For non-emergency delays or closures (like a minor scheduling change or a snow-day announcement), treat it as a normal informational message. Send updates only to people who gave you their number for such notices (e.g., parents who signed up for school alerts or customers who opted in). Even though these aren’t marketing, get permission upfront. Unsolicited calls or texts — even about delays — can violate the TCPA if the person didn’t agree to be contacted.

  No Ads, Just Info
  Keep closure/delay messages purely informational. Don’t slip in promotional content (“We’re closed today, but visit our website for a sale!”) in a closure alert. Mixing marketing into an alert could nullify any emergency exception and require full consent. Stick to the facts (e.g. what is closed, duration, and any next steps).

• Sample compliant messages

  "TEA SANITATION: We apologize for the inconvenience, but we will not be able to service your recycle today. We will return tomorrow to complete the pickup. Please leave your cans curbside, and thank you for your patience and understanding."

  "Good morning. This is Taylor from TEA Academy. I would like to notify you that school is cancelled for the rest of the week. The roof in the bathroom is leaking. Therefore, we will be working virtually for the remainder of the week."

  "TEA Resident Services Notice: Housekeeping will be delayed for level 3 & 4 residents only through Friday, August 5. Levels 1 & 2 residents will receive regular service. Thank you for your patience."

Collections messages are informational and require express consent.

• Best practices

  • Maintain privacy by only including minimal account identifiers
  • Be professional and courteous in tone
  • Include clear payment instructions or options
  • Provide a direct contact method for questions
  • Respect time zone restrictions for sending

• Special considerations

  TCPA Consent for Collections
  Collections calls/texts are not exempt from TCPA. If you use automated dialing or prerecorded messages to chase a past-due bill, you need the customer’s prior consent. Usually, if the customer provided their cell number when obtaining the credit or service, that counts as permission to be contacted about the debt. But importantly, consent can be revoked. Courts have held that consumers can withdraw consent to be contacted, even if they initially gave a number. If someone says “stop calling me,” you must stop contacting that number.

  FDCPA and Opt-Outs
  Third-party debt collectors must also follow the Fair Debt Collection Practices Act. New CFPB rules (Regulation F) explicitly allow texts or emails for collections only if you include an easy opt-out in each message. For example, a collection text should say something like “Reply STOP to stop texts.” This gives debtors a simple way to unsubscribe, as required by law. Failing to include an opt-out notice can get you in legal trouble.

  Privacy and Content
  Be very careful about what you say in a collection message. Don’t disclose the debt to third parties. A text that openly mentions “your debt” or a specific past-due amount could be seen by someone else (e.g. if the message previews on the phone lock screen), potentially violating privacy or FDCPA rules. A safer approach is to keep it generic: e.g. “Please contact ABC Corp at 800-xxx-xxxx regarding an important matter.” Never threaten or harass in messages – that can violate harassment provisions. Keep tone professional and offer convenient ways to resolve the debt.

• Sample compliant message

  "This is a reminder from Text-Em-All that your account is now 30 days past due.  If your account is not paid by the 15th of the month, a late fee will be applied to your account.  To discuss your account, call our office at 555-226-3080 or go to www.text-em-all.com to make a payment."

  "Text-Em-All: We are sorry, but your next scheduled pickup will be interrupted due to non-payment. Please contact our office at 555-592-1689."

  "Hi there, it's Lisa again from TEA! Your subscription payment is past due. Please refer to either of the emails we sent or our previous text with a link to update your billing information so we can process your payment. Thanks so much!"

Customer engagement messages are promotional, requiring express written consent. 

• Best practices

  • Personalize messages when possible
  • Include a clear purpose and call-to-action
  • Keep messages conversational but professional
  • Make it easy for customers to respond or take action
  • Consider timing based on customer interaction history

• Special considerations

  Opt-In-Required
  “Customer engagement” texts (newsletters, tips, feedback requests, loyalty program updates) often blur the line between info and marketing. To be safe, treat them as marketing and get clear opt-in consent. The TCPA requires prior express written consent for any automated text that contains advertising or promotion. This means the customer should have signed or checked a box agreeing to receive these messages. Always keep a record (date, time, method of consent) – it’s your defense if anyone complains.

  No Surprise Texts
  Don’t assume that just because someone is a customer, you can mass text them engagement messages. If they haven’t specifically agreed, it could be considered spam. There have been many lawsuits under TCPA where companies faced fines for texts sent without proper consent. In fact, the TCPA lets consumers sue for $500 per unwanted text (and up to $1,500 per text for willful violations). So, ensure you have explicit permission to avoid legal risk and customer irritation.

  Content & Frequency
  Even with consent, be thoughtful. Clearly identify your business in the message so people know who it’s from. Provide value in the content (something the customer genuinely would want, not just repetitive ads). And don’t overdo it – excessive messages can lead to opt-outs or complaints. Always include an easy way to stop messages (e.g. “Reply STOP to unsubscribe”), and honor those requests immediately. These practices not only keep you compliant but also build trust with your audience.

• Sample compliant message

  "Summit Fitness: How was your first week with us, Alex? We'd love your feedback! Reply or visit summit.fit/feedback."

Emergency alerts are informational messages that require express consent, though special exemptions may apply in true emergencies. 

• Best practices

  • Be clear, concise, and provide actionable information
  • Include specific instructions on what recipients should do
  • Consider creating different emergency alert templates for various scenarios
  • For workplace emergencies, ensure messages reach all employees quickly
  • Emergency communications may qualify for exemptions from some TCPA restrictions
  • Many emergency messaging platforms offer 24/7 exemptions for critical alerts

• Special considerations

  TCPA Emergency Exception
  True emergency alerts (think natural disasters, health crises, safety threats) are exempt from the usual consent requirements. The law acknowledges that in a crisis, you may need to blast out a warning. The FCC defines “emergency” messages as those necessary for health and safety in situations with significant risk. Examples: evacuation notices, tornado warnings, pandemic-related alerts. You can send these without prior consent, given the urgency.

  Authorized Senders
  Make sure the alert is coming from an appropriate source. The FCC clarified during the COVID-19 pandemic that emergency COVID texts/calls should be from official or healthcare senders – like hospitals, health departments, or government authorities – and solely informational. In practice, if your organization isn’t a traditional emergency agency, ensure the content truly involves an imminent threat to safety before using this exception.

  No Marketing in Emergencies
  This bears repeating – do not include any marketing or promotional material in an emergency alert. An emergency text that tries to sell something (“Alert: wildfire in area! Get 20% off generators at ACME Co.”) is not an emergency call in the eyes of the law. That would require normal marketing consent (and would be in very poor taste). Keep alerts concise and focused on the safety information. Also, because people haven’t explicitly opted in, use such alerts only when absolutely necessary.

• Sample compliant message

  "ALL, Lightning in the area. Stop work and return to your break trailer or vehicle. Thank you."
  

  "Hi, This is a test of the TEA Emergency Notification System. Please reply 'Yes' that you received this message, or 'No' if this is not your preferred cell number."

  "EMERGENCY ALERT: Flooding reported in downtown area. Avoid Main St & River Rd. Updates: cityalerts.org."

Event updates are informational messages requiring express consent.

• Best practices

  • Clearly specify event details that have changed
  • Keep messages concise but include all necessary information
  • Send updates with enough notice for recipients to adjust plans
  • Include contact information for questions

• Special considerations

  Registered Attendees
  If you’re sending updates about an event (schedule changes, reminders, parking info, etc.), only contact those who have registered or clearly asked to be kept in the loop. If someone provided their number when signing up for the event, that’s your consent to send event-related texts. These messages are considered transactional/informational as long as they relate to the event the person signed up for. (Legally, they’re not “telephone solicitations” if they’re to someone who invited the contact or has an established event relationship with you.)

  Promotional vs. Informational
  Be mindful of content. “Event updates” can easily drift into marketing. For example, “Don’t miss our event tomorrow at 7pm” to people who signed up is fine. But “We have a new event next month, tickets on sale now!” sent to people who didn’t specifically ask for next month’s event info would be considered telemarketing. If you’re announcing a new or paid event to past attendees, that’s a promotional announcement – you’ll need express written consent for those texts as you would for any marketing. When in doubt, if the text encourages purchasing a ticket or attending an event they didn’t already sign up for, treat it like a marketing campaign (opt-in required).

  Timing and Frequency
  People often sign up for event alerts expecting timely, relevant info (like last-minute venue changes or reminders to bring ID). Stick to that expectation. Don’t overload attendees with unrelated messages. Also, send updates at reasonable hours (nobody wants a 5 AM event reminder). While the 8am-9pm telemarketing quiet hours rule technically applies to sales calls, it’s a good guideline even for event texts unless it’s an urgent update.

• Sample compliant message

  "ABC Organization: Your Tuesday yoga class has been moved to Studio B."

  "The recital is tomorrow! Please make sure to pack required costume items. We are so excited for your little ones. See you soon!"

  "Hello! This is Ms. Lea from the Text-Em-All. This message is to remind you that tomorrow your student will have an extra private art lesson @ Doodle Elementary. The group will be from 1:15-2:00 pm. I will pick your student up from class & return them when the lesson is over. Questions? Text me @ 555-512-7617."

HR benefits messages are informational and require express consent.

• Best practices

  • Keep confidential information minimal, direct to secure sources for details
  • Provide clear deadlines for enrollment periods
  • Include links to detailed information rather than sending sensitive data via text
  • Consider timing messages during business hours
  • For large organizations, segment messages by employee groups/departments
  • Maintain compliance with privacy laws like GDPR and CCPA when sending HR-related texts

• Special considerations

  Employee Consent
  Just because someone is your employee doesn’t automatically waive texting rules. If you plan to send mass SMS or automated calls about HR benefits (open enrollment deadlines, wellness programs, etc.), get employees’ consent. Often, employers include an option in onboarding paperwork or an employee portal where staff can opt in to text notifications. This counts as the “express consent” needed under TCPA (work-related messages aren’t sales, but the law still requires consent for automated texts). Make sure it’s documented.

  Privacy First
  HR benefits can intersect with personal information. Avoid including any sensitive personal health info or personal identifiers in a text. For instance, a text that “Your lab results are ready” or details about someone’s medical claim should not be sent openly. Health plan information is often protected by privacy laws (if it’s a company health plan, HIPAA may apply when sending PHI). Keep benefit texts general: e.g. “Reminder: Open enrollment ends Dec 1. Visit the HR portal to review your benefits.” Don’t mention specific conditions or treatments via text.

  Frequency and Tone
  Use HR texts sparingly for important reminders or urgent notices (like office closures or benefit deadlines), not for every little update – employees might start ignoring them. Also, make sure the sender is clearly identified (e.g., “HR: ...” at the start of the message), so employees know it’s an official communication. Always provide a way to opt out of non-critical messages. While most employees might welcome benefit reminders, some may prefer to get such info via email or other channels, and they should have that choice.

• Sample compliant message

  "Acme Corp HR: Open enrollment for benefits begins 5/15. Review options by 5/30 at acme-benefits.com/enroll. Questions? Call 555-111-2222."

  "2025-2026 Medical Insurance provided by Doodle Health:
  Employee Only - $40.87/week
  Coverage Effective - 04/05/25
  Please reply YES if you would like to enroll or NO to decline."

  "Hey, it's TEA Recruiting! Onboarding packets, offer letter, and background checks have been sent to your emails. Please make sure to have everything completed before orientation. Thank you!"

Job opening messages are informational and require express consent.

• Best practices

  • Include essential job details and a clear call-to-action
  • Keep the message focused on one position per text
  • Include a direct link to the application or more information
  • Segment your audience by job interests or qualifications
  • For recruiting agencies, note that a 2016 court case (Payton v. Kale Realty) ruled that recruiting messages are not classified as telemarketing under TCPA
  • SMS recruiting can be particularly effective for roles where employees are not regularly at computers

• Special considerations

  Express Consent Is Still Required
  Even if your job alert isn’t technically an ad, you still need permission to text someone about it. In Loyhayem v. Fraser Financial (2021), the court ruled that even prerecorded recruiting messages must have express consent under the TCPA. So, before you send texts about job openings, make sure candidates gave you a clear “yes” — either when they applied, joined a job list, or opted in some other way.

  You Don’t Need Written Consent
  Since job alerts usually aren’t trying to sell anything, you don’t need formal written permission (like you do for sales messages). A verbal agreement or checkbox during a job board signup can be enough. That said, we recommend keeping a record of when and how each person agreed — just in case.

  No Cold Texting
  Even if someone would be perfect for the role, don’t text them out of the blue. If they didn’t opt in to get job texts from you, it could still violate TCPA rules. That means no blasting contacts from past interviews or purchased lists.

  Always Offer a Way to Opt Out
  Treat candidates’ preferences with respect. Always include an opt-out like “Reply STOP to unsubscribe” in your job texts. Even though these aren’t marketing, people have the right to stop communications. Under TCPA rules, a recipient can revoke consent by any reasonable method, and you must honor that. Practically, this means if someone texts “STOP” or “NO” back to you, remove them from the list promptly. Not only is this legally smart, it also maintains a positive brand impression – you don’t want to annoy potential hires.

• Sample compliant message

  "Hi, this is Amanda with TEA. Are you still looking for employment? I have a 2nd shift in Lounge A. If interested, give me a call at 555-467-2444."

  Thank you for your interest in Text-Em-All! We are now accepting applications for part-time General Manufacturing through the Project Impact Trainee Program for the July cohort. Please click the link below for job description and to apply if interested. The next cohort starts in July for those who are selected and hired. www.text-em-all.com"

  "Doodle Lawns is looking for Landscapers in Strongsville OH! 8:30a-5:30p $15/hr. Must be able to lift 60lbs. Text NOW to start tomorrow!"

Medical services messages are typically informational and require express consent. 

• Best practices

  • Maintain HIPAA compliance by avoiding including sensitive health information
  • Direct patients to secure portals for test results or detailed health information
  • Use secure messaging platforms designed for healthcare when available
  • Limit content to administrative information (appointments, general reminders)
  • Consider creating message templates that have been reviewed for compliance
  • For medication reminders, avoid mentioning specific medications or health conditions

• Special considerations

  HIPAA and Sensitive Info
  When texting about medical services, privacy is paramount. Never include detailed personal health information in a standard text. For example, a clinic might send “Time for your check-up! Call to schedule” or “Flu shots available now.” That’s fine because it doesn’t reveal anything personal. But sending lab results, diagnoses, or anything that explicitly or implicitly indicates someone’s health condition can breach HIPAA if done without consent. If you must convey sensitive info, do it through a secure patient portal or with the patient’s explicit request. Generally, keep texts generic (no specifics about the medical service beyond a title).

  Consent for Treatment Messages
  Patients typically give their phone number to doctors or hospitals for contact purposes – that counts as consent for treatment-related messages. In fact, HIPAA views communications like appointment reminders, treatment follow-ups, or check-up notices as part of healthcare operations, so they’re permissible without a special authorization. Under TCPA, healthcare calls/texts are also treated leniently: if it’s a “health care message” from a HIPAA-covered entity, you only need the patient’s prior express consent, not written consent. (For example, a hospital can auto-dial a reminder for a mammogram to patients who provided their number, without a signed consent for calls – the act of giving the number was enough.)

  No Marketing Without Opt-In
  Distinguish medical service notifications from marketing. Reminding a patient about an existing appointment or suggesting a preventive screening is usually fine. But if you’re promoting a new service line or inviting patients to a paid wellness seminar, that crosses into marketing. HIPAA requires patient authorization if you’re marketing something that isn’t part of their treatment, especially if a third party is involved. And TCPA would require written consent because it’s promotional. So, if you send any message that might be seen as encouraging the purchase of a medical service or product, get explicit opt-in first. When in doubt, get consent in writing to be safe. Also, always include a way for patients to opt out of future messages.

• Sample compliant message

  "From TEA Home Health: We received a referral for therapy services from your child's doctor. Please contact us at 866-555-3240. Thank you!"

  "You may be eligible for medical bill assistance from your recent visit at TEA, please call 855-555-1142 or text back for help!"

  "Hello , this is a friendly reminder from your pharmacists to take your medications this morning and your scheduled regular doses! Stay healthy, Your Text-Em-All Healthcare Team!"

Paid event messages are promotional and require express written consent. 

• Best practices

  • Include key event details (date, time, location)
  • Clearly state pricing information
  • Provide easy purchase options or links
  • Include any special instructions or requirements
  • Consider segmenting your audience based on past attendance or interests

• Special considerations

  Express Written Consent
  Texts or calls about paid events (concerts, webinars with a fee, fundraisers with ticket sales, etc.) are considered telemarketing because you’re encouraging a purchase. The TCPA and FCC regulations require you to have prior express written consent from each recipient for such messages. This usually means the person signed a form or checked a checkbox (electronically or on paper) specifically agreeing to receive promotional calls/texts from you. Without that, sending a mass “Come to our paid event!” message is illegal. Don’t assume that because someone bought a ticket in the past they consented to future event promos – make the opt-in explicit.

  Consent Requirements
  Unwanted event telemarketing texts have led to lawsuits. For instance, companies have been sued under TCPA for blasting promotional messages about events or offers that recipients never agreed to. The law carries statutory damages of $500 per violation (which can triple for willful cases), so a single campaign can rack up massive liability. In short, never scrape numbers from an attendee list or social media to promote your event unless those individuals specifically said “yes, text me about your events.”

  Honoring Opt-Outs
  For those who do opt in, every promotional event message should remind them they can opt out. Include an unsubscribe option (“Text STOP to cancel alerts”). Also, identify the event or organization clearly in the text so people know it’s an authorized message they asked for. If someone opts out, don’t text them again – even if they might miss out on an event, compliance and respect for their preference come first.

• Sample compliant message

  "Good Morning TEA! Our Guiding Tools Conference is September 23 - 25. Our assessment is $150 and can be paid in installments. We have an exciting fundraiser, $25 for 25. Ask your friends and family to sow a seed of $25 to support the conference. Please see the admin team for your fundraiser card."

  "Good Morning! DON'T FORGET! BBQ and Bologna Fundraiser sign-up sheets are still up! Order if you haven't already! This Wednesday, June 14th, will be the cut-off date for ordering, so call the office at (512-555-6530). Thank-you!"

  "Good evening TEA Parents, Awards Banquet tickets are on sale tonight! $20 per ticket. Limited tickets available. Grab yours tonight when you pickup your cadet! Awards Banquet is May 29 at Parkwood Blvd."

Payment reminder messages are informational and require express consent.

• Best practices

  • Be clear about amount due and deadline
  • Include multiple payment options when available
  • Send reminders with enough time for recipients to process payment
  • Use account numbers or partial identifiers for security
  • Consider following up with confirmation messages after payment

• Special considerations

  Prior Consent is a Must
  A payment reminder text (“Your bill is due on the 15th” or “Invoice #12345 is now 7 days past due”) might seem purely informational, but you still need the customer’s consent to send it, especially if using an automatic system. Usually, when a customer gives you their phone number as part of billing or account setup, that counts as consent to receive account-related communications. Just ensure you only text the number they provided for contact – don’t pull in other numbers. There’s no special TCPA exemption for standard billing reminders or account notices (the FCC’s emergency exemptions don’t cover routine payment communications), so if the person didn’t give a number or opted out, you can’t text them about payments.

  Timing and Tone
  Send payment reminders at reasonable times (generally 8am-9pm in the recipient’s time zone, aligning with debt collection call rules). Be polite and factual in tone. For example, “Reminder: Your XYZ Utilities payment of $85 is due tomorrow. Pay online or call 800-XXX-XXXX. Reply STOP to opt out.” Avoid language that could be seen as harassing. One courteous reminder is usually enough; don’t spam with repeated messages, as that could be seen as abusive under consumer protection laws.

  Opt-Out and Compliance
  While not explicitly required for first-party payment reminders, it’s best practice to include an opt-out option (e.g., “Reply STOP to opt out”). This is modeled after debt collection rules, which do mandate an opt-out for texts. If a customer opts out of payment texts, respect that choice and find another way to remind them (email, mail, etc.). Also, be mindful of the content – much like collections, you should not include full account numbers or sensitive financial info in a text. Keep it generic enough that if someone else saw the message, it wouldn’t expose the person’s private financial details.

• Sample compliant message

  "Your TEA Utilities balance was due on the first. You still have time! Pay today at www.text-em-all.com"

  "Doodle Health: This is your friendly reminder to remit payment for the therapy visits scheduled this week. Payment must be completed 24 hours to prior to the scheduled visit. If you have already completed your payment, please disregard this message. Thank you. COST PER VISIT: $35.00"

  "This is Text-Em-All Communications regarding your recent credit or debit card transaction. The payment did not go through. Questions? Please call us back at 360.555.2491. Thank you."

Product update messages are promotional and require express written consent.

• Best practices

  • Focus on relevant details that impact the user
  • Clearly state any required actions and deadlines
  • Provide resources for more information or assistance
  • Distinguish between critical updates and optional features
  • Use technical terms sparingly and explain when necessary

• Special considerations

  Distinguish Informational vs. Marketing
  “Product updates” can mean notifying customers about new features, changes, or improvements to a product they already use. If that’s the case, it’s usually considered a customer service or transactional message – which is fine to send as long as the customer gave you their number for account contact. For example, “Your software v2.0 now includes dark mode” or “We’ve updated our app with new security features” is informational. Ensure such messages are sent only to users who provided their mobile number (e.g., during signup or in their profile) and who haven’t opted out. If they didn’t give a number for contact, don’t assume you can find their cell elsewhere and text them.

  No Cross-Selling in Update Messages
  If you include any sort of sales pitch or upsell in a product update, the message could be reclassified as a promotional/marketing text. The FCC has stated that even permitted informational messages must not include telemarketing or advertising content. So if you’re sending a pure update, resist tacking on “While you’re here, check out our new product!”. If you want to advertise another product, send a separate campaign that only goes to people who opted into marketing. Keep update notifications focused on the product at hand. This protects you legally and keeps the customer experience positive (they won’t feel bait-and-switched by an “update” that’s actually an ad).

  Consent & Opt-Out
  Generally, when someone signs up for a product/service, consenting to terms or providing their number, that covers basic product-related communications. However, it’s wise to include product updates as a category in your communication preferences or privacy policy consent. Always allow users to opt out of non-critical updates. If a user says they don’t want any texts except, say, billing or security alerts, honor that. It’s better to lose one communication channel than to annoy a customer or violate their preferences.

• Sample compliant message

  "ClearView Software: Important security update available for your account. Please update by 5/15 at clearview.com/update."

  "We've dropped some new dresses! We are live now in the app and in the group. These items are already loaded to the website as well."

  "New Flavors (2/8): Nutter Butter, Boubon cream, Fudgecicle, and Birthday cake (DF)."
  

Promotional announcements are marketing messages that require express written consent.

• Best practices

  • Include clear promotion details and value proposition
  • Use compelling but honest messaging
    Include specific dates, times, and deadlines
  • Provide easy ways to take advantage of the promotion
  • Consider timing based on customer purchase patterns
  • Document express written consent carefully

• Special considerations

  Strict Opt-In Needed
  Promotional announcements (e.g., “Big Sale this Saturday!” or “New product launch – check it out!”) are advertising, plain and simple. Legally, you must have the recipient’s prior express written consent to send these via SMS or autodialed call. That means a clear, signed agreement (physical or digital) where the person agreed to receive marketing messages from your business. Purchased lists or scraped numbers are off-limits unless those individuals somehow gave consent to receive your promotions (which is unlikely if you just bought a list). To protect your business, make the opt-in process crystal clear and document every consent (who consented, when, what they were shown).

  Provide Identification and Opt-Out
  Every promotional message should identify your company/brand and include an opt-out method. For example: “XYZ Store: Get 20% off this weekend with code SAVE20! Show this text in-store. Reply STOP to unsubscribe.” Not only is this good practice per industry (CTIA) guidelines, some states and federal rules imply that failing to identify yourself or not honoring opt-outs could be considered deceptive. And under the TCPA, if a consumer revokes consent (opts out), you cannot send further messages. The FCC has made it clear that consumers can opt out by any reasonable means, and once they do, you’re obligated to stop. Make it easy: a simple “STOP” reply should suffice, and your system should automatically remove them.

  Avoiding Legal Pitfalls
  Remember that text messages are treated the same as calls under the TCPA. Many companies have learned this the hard way. For example, a notable case in the 9th Circuit (Satterfield v. Simon & Schuster) confirmed that a text promoting a product (a novel, in that case) was subject to TCPA consent requirements just like a voice telemarketing call. Numerous class actions have been filed over promotional texts, resulting in multimillion-dollar settlements. The cost of non-compliance far outweighs the effort to properly collect opt-ins. If you use a marketing platform, ensure it complies with TCPA (e.g., it won’t send texts to numbers without documented consent and handles opt-outs properly). When in doubt, consult legal counsel or a compliance expert before launching a big text blast.
  

• Sample compliant message

  "Doodle Bookstore: New release 'The Mountain Path' now in stock! Meet author J. Tollerene this Saturday at 2pm. Details: doodlebooks.com/events."

  "Good morning! This is Manny's Coffee, what can we bring you this week?"

  "Hello, this is Sunil, formerly of Mosquito Men. We have moved on from the franchise name and are now offering services locally through Frisco Outdoors. We will be servicing Collin County and surrounding areas this season. We look forward to providing you the same great service you have come to expect from us. Please reply YES to continue on with services at your home."

Public health messages are informational and require express consent. 

• Best practices

  • Provide clear, factual information from reliable sources
  • Avoid alarming language while conveying importance
  • Include specific actionable guidance
  • Provide resources for additional information
  • Consider cultural and language needs of community

• Special considerations

  Health & Safety Focus
  Public health messages (e.g., community vaccination clinic notices, disease outbreak alerts, health tips from a county health department) should stick strictly to public health information. If these messages are coming from a government entity or a health authority, they may be considered emergency or necessary informational calls. The TCPA’s emergency exemption could apply if the content is about an imminent health/safety risk and the sender is an official body. For instance, a text from the local health department saying “COVID-19 vaccines available free today – walk-in clinic until 5 pm” or an alert about a contaminant in the water supply would likely be permissible even without prior opt-in, due to public safety necessity.

  No Hidden Agendas
  Do not mix any commercial or promotional content into a public health alert. The FCC explicitly excludes calls that contain advertising from the emergency exception. So a pharmacy can’t rely on “public health” as a pretext to send an unsolicited text like “Flu season is here, come get your flu shot at our pharmacy, 20% off.” That would be viewed as telemarketing, not a pure public health message, and it requires normal consent. The line can blur if a private company is involved in a health campaign – the key is whether there’s any commercial benefit being pushed. When in doubt, if you’re a commercial entity, get opt-in before sending health-related messages, unless a government agency has officially requested you to broadcast time-sensitive info.

  Respecting Privacy
  If a public health message is targeted (for example, contacting individuals about potential exposure to a disease or reminding them of a personal health action), consider HIPAA and other privacy laws. A generic health alert is fine, but if you say “John, you were in contact with someone who tested positive…” you’re conveying personal information. Ensure you have authority/consent to do so (in many cases, such targeted contact is done by public health officials who have exemption under HIPAA for important notifications). As a best practice, keep texts general and direct people to contact a health professional or hotline for details if needed.

• Sample compliant message

  "County Health Dept: Free flu vaccines available May 10-15 at all county clinics. Hours and locations: countyhealth.org/flu."

Registration form messages are informational and require express consent.

• Best practices

  • Include clear instructions and deadlines
  • Provide multiple ways to access forms
    Send reminders as deadlines approach
  • Include contact information for questions
  • Specify what happens after registration

• Special considerations

  User-Initiated Only
  If you want to send someone a registration or sign-up form link via text, make sure they asked for it or expect it. Unsolicited texts saying “Complete your registration: [link]” can feel like spam and likely violate TCPA unless the user gave you permission. A common acceptable scenario is a two-step sign-up: a person enters their phone on a website to register for something, and you text a link or code to continue – this is okay because the user initiated it. Even better, have a checkbox like “Send me a text to complete registration” so you have clear consent. Don’t ever scrape numbers or use numbers from past contacts to send mass “registration” invites.

  Data Security
  Often, registration forms collect personal data. Rather than collecting sensitive info through text conversation, it’s safer to text a secure link. Make sure the link goes to a reputable domain (preferably your organization’s site) so users aren’t wary of phishing. Let the user know what the text is for (“You requested a signup link from OurService”) so it’s contextual. And of course, if the user doesn’t complete the form, avoid bombarding them with follow-up texts. One gentle reminder might be okay if they consented, but if they’re unresponsive, assume they’re not interested or reached another way. Always include an option like “Txt STOP to opt out of these msgs” so they can easily halt any further registration prompts.

  Compliance for Minors
  If your registration involves minors (e.g., registering for a school event or youth sports), be cautious. Under COPPA (Children’s Online Privacy Protection Act), you shouldn’t be texting minors under 13 for sign-ups directly – you’d communicate with parents/guardians in most cases. Ensure the consenting party is an adult. This is more of a general compliance note, but important in context of registration communications.

• Sample compliant message

  "Valley Soccer Club: Registration forms for summer league due by 5/20. Complete online: valleysc.org/register. Questions? Call 555-321-7890."

Religious communications are informational and require express consent.

• Best practices

  • Respect religious preferences and maintain appropriate tone
  • Be clear about event details and any changes
  • Include relevant information for families or special needs
  • Provide resources for additional information
  • Respect privacy and confidentiality of recipients

• Special considerations

  Nonprofit Exemption (Partial)
  Many religious groups (churches, temples, etc.) qualify as nonprofit organizations, which have some exemptions under telemarketing laws. For example, tax-exempt nonprofits can call numbers on the National Do Not Call list for charitable or informational purposes, and they don’t need express written consent for automated calls that aren’t commercial. However, “exempt” doesn’t mean you can spam. You still need the person’s express consent to send mass texts or automated voice messages. The good news is this consent can be simple (it doesn’t have to meet the formal “written” standard as for businesses). If members gave their phone number to the congregation or signed up for alerts, that’s typically sufficient consent for informational or devotional messages.

  Opt-Out and Respect
  Even in a religious context, recipients should be able to opt out. Perhaps someone used to attend your organization but no longer does – if they request to stop messages, promptly remove them from the list. It’s not just good manners; it can prevent potential complaints. (While it’s rare for someone to sue a church under TCPA, the law does apply if, say, automated messages are truly unwanted and persistent.) Always make it easy to unsubscribe – include a note like “Txt STOP to stop receiving updates” in your text blasts. And ensure the content is appropriate: messages should stick to community news, inspiration, or event info, not veer into anything that could be seen as political campaigning or commercial advertising (those would have their own rules).

  Time and Frequency
  People generally don’t mind getting messages from their faith community, but be mindful of timing. Early morning or late-night calls/texts might be poorly received, unless it’s truly urgent (e.g., a cancellation of a morning service). Also, consider frequency – a daily devotional text might be welcome to some, but overwhelming to others. It might be wise to let members choose preferences (weekly vs. daily, which types of updates they want, etc.). Tailoring to what they signed up for keeps your communications effective and appreciated.

• Sample compliant message

  "Grace Community Church: This Sunday's service moved to 10:30am. Childcare available. Questions? Call 555-777-8888."

  "Join Us for Bible Study Tonight! We'll be studying The Praying Life on Zoom at today 8:00 PM. Don't miss this opportunity to grow in faith and fellowship! Join here: [link]"
  

  "Good morning! Here is your Wednesday Word: The human mind may devise many plans, but it is the purpose of the LORD that will be established. Proverbs 19:21."
  

Safety protocol messages are informational and require express consent.

• Best practices

  • Provide clear, actionable safety information
  • Include implementation dates and compliance deadlines
  • Specify which groups or departments are affected
  • Provide resources for questions or concerns
  • Consider sending reminder messages as deadlines approach

• Special considerations

  Urgency vs. Routine
  Safety protocol messages can range from immediate alerts (“Evacuate building now due to fire”) to routine updates (“New COVID masking policy in effect next week”). If it’s a true emergency affecting health/safety, you can invoke the emergency exception to send a blast without prior consent. For example, companies have used mass texting to alert employees of a workplace lockdown or a safety hazard – these are justified even if an employee didn’t explicitly opt in, because safety is paramount. On the other hand, routine safety updates (like policy changes) should be treated as normal informational messages – meaning you send them to people who gave you their number and expected such updates (employees, students, members, etc.).

  Consent for Non-Emergencies
  Most organizations gather contact info for their people as part of onboarding or membership. It’s good practice to inform folks that you’ll use their number for safety and emergency notices – this sets expectations and essentially gains their consent. If, for some reason, you are sending safety protocol info to a broader audience (say, customers or visitors who might not have explicitly opted in), consider other channels or get an opt-in (“Sign up for text updates on our store’s COVID protocols”). Always err on the side of permission, especially for non-urgent matters.

  Clarity and Content
  In safety texts, clarity can be life-saving. Lead with the key info (“ALERT: [Action] due to [hazard]”). Keep messages factual and avoid ambiguity. Also, do not include any confidential info. For instance, if a worker tested positive for an illness, a safety alert might say “We’ve been informed of a COVID case on 2nd floor, sanitization in progress” – it should not name the person or give medical details. That respects privacy and complies with laws like ADA and possibly HIPAA (if it’s health-related info from an employer-provided health program). After sending a safety text, be prepared for replies or calls – some recipients might have questions, and while not a legal rule, it’s a good practice to have someone ready to answer. Finally, for non-emergency protocol changes, give people an easy way to get more information (link to full guidelines, etc.), and as always, allow them to opt out of future non-critical texts if they wish.

• Sample compliant message

  "ABC Manufacturing: New safety protocol in effect 5/10. All floor workers must complete training by 5/9. Schedule: abcmfg.com/safety."

  "It is a hot day today, so please stay hydrated. Drive safely. Thank you!"

  Hello Team. In light of the high number of residents with GI symptoms, we are implementing the use of mask in all areas of the building effective immediately. We need to curb the infection and your safety and wellbeing is one of our top priority. Thank you!"

Sales discount messages are promotional and require express written consent. 

• Best practices

  • Include discount details, expiration date, and redemption instructions
  • Be clear about any exclusions or limitations
  • Provide easy ways to take advantage of the offer
  • Consider timing based on shopping patterns
  • Document express written consent carefully

• Special considerations

  Marketing Consent Required
  Texts about sales, discounts, coupons, or special offers are purely marketing – thus, TCPA rules for telemarketing fully apply. You need prior express written consent to send these messages to someone’s cell phone using automated systems. This means the customer must have actively opted in (e.g., by texting a keyword to your number, or checking “I want sale alerts” on a form, and you have a record of that). If you don’t have a clear opt-in, do not send discount texts, even if you think “they’ll appreciate this deal” – legally, it’s considered unsolicited advertising.

  Adhere to Quiet Hours
  Telemarketing laws set “quiet hours” for calls (generally no calls before 8am or after 9pm local time). While this specific rule is about voice calls, it’s wise to follow it for texts too. In fact, a recent wave of class actions targeted companies whose promotional texts reached consumers late at night or early morning. To avoid this, schedule your marketing texts during daytime/evening hours when they’re less intrusive. A 11pm “50% off!” ping is more likely to anger than delight.

  Content and Opt-Out
  Your discount texts should clearly state who it’s from and what the offer is. Don’t use tricky or misleading wording. Include any legally required info (for example, if there are terms, you might say “T&Cs apply: link”). Always include an opt-out mechanism like “Reply STOP to unsubscribe.” Not only is this expected (by CTIA and good practice), but if someone does opt out, you must stop messages immediately. Pro tip: make sure your internal marketing lists are updated – if someone opted out on your website or in-store, they shouldn’t get texts either. Consistency prevents mistakes. And finally, keep an eye on frequency: if someone consented to “weekly deals” don’t suddenly text them daily. Over-texting can lead to complaints and higher opt-out rates, even if they did opt in initially.

• Sample compliant message

  "PLANT-EM-ALL: Gardening season is here! To thank you for your past business, enjoy $30 off your next soil bag with code THANKS30. Order by May 31, 2025 at www.text-em-all.com"

  "Good morning! We have more fresh eggs for sale- $2/half dozen. Get them while they last!"

  "Special today, Tuesday, 5/13 at The Doodle restaurant: chef special Prime Rib sandwich with melted mozzarella cheese and fries for $14.99."

Schedule update messages are informational and require express consent.

• Best practices

  • Be specific about schedule changes and impacts
  • Send during business hours when possible
  • Include confirmation options when appropriate
  • Provide contact information for questions
  • Give as much advance notice as possible

• Special considerations

  Informational Messaging
  Schedule updates (changes to meeting times, class schedules, service appointments, etc.) are usually considered informational, not marketing. That means you don’t need a written sales consent, but you do need the person’s general permission to text them. Typically, if someone gave their number as part of scheduling or enrollment, that’s consent to be contacted about schedule changes. For example, students provide a phone number to a school – the school can text about class time changes or cancellations. Just ensure that you are messaging those who provided their numbers; blasting an entire community about a schedule update for a specific group could catch people off guard.

  Confirmation Requests
  The case Warciak v. Subway Restaurants, Inc. (2019) addressed confirmation requests in scheduling messages. The court held that requesting a confirmation response (e.g., "Reply C to confirm") is permissible in informational messages about scheduling, provided the original schedule was established with proper consent.

  No Mixed Messages
  When sending a schedule update, keep it strictly to that topic. Don’t piggyback a promo or unrelated notice onto it (“Your appointment is moved to 3pm. BTW we’re offering 20% off products today!”). Combining marketing with a schedule change can turn your message into a telemarketing call in the eyes of regulators, which would violate consent rules. Save the marketing for a separate, opt-in channel.

  Timeliness and Repetition
  The point of a schedule update is to be timely. Send it as soon as you know of the change/delay. If possible, give a little lead time (“Tomorrow’s shift now starts at 10am, not 8am”). Avoid sending multiple repetitive reminders about the same change – one or two notifications suffice. If the update is last-minute, you might consider a phone call in addition to text to ensure the person sees it (not a legal requirement, but a practical one). Always allow for questions or confirmations – for instance, it’s helpful to say “Reply CONFIRM to acknowledge” for critical schedule changes, though if you do that, monitor and respond accordingly. And as always, if anyone ever says they don’t want schedule texts, note that and use alternate communication for them.

• Sample compliant message

  "Main Street Salon: Your appointment with Stylist Jane has been rescheduled to Thursday at 2pm. Reply C to confirm."

  "This is Doodle Trash reminding you that tomorrow is your recycle service day. Please have your container out tonight or no later than 6am tomorrow."

  "Good morning! Due to scheduling today, you will not be needed onsite from 8-4 PM. If anything changes where we need you to come in, we will reach out via email and text. Please keep your notifications on in this instance. Thank you!"

Status update messages are informational and require express consent.

• Best practices

  • Keep updates brief and relevant
  • Avoid unnecessary information or technical jargon
  • Include next steps or expectations when applicable
  • Provide contact information for questions
  • Consider frequency of updates based on project complexity

• Special considerations

  Transactional Texts
  Status updates – like “Your package has shipped,” “Your order is ready for pickup,” “Service ticket #1234 has been resolved,” or “Flight XYZ status changed” – are generally considered transactional or customer service messages. These are the types of messages consumers often expect (and appreciate) when they provide their number during a transaction. As such, you don’t need a promotional consent for these. The important thing is that the content is directly related to a transaction or service the person is involved in. The FCC has noted that messages which are **“expected and desired” by the consumer, such as package delivery notifications, can be treated as informational, not requiring separate consent beyond the initial number provided.

  Send to Provided Numbers Only
  Make sure you send the update to the exact number the customer gave you for that purpose. Don’t cross-use numbers from other contexts without consent. For example, if a customer gives you their cell for delivery updates, use it only for that, not to upsell other products (unless they separately opted in). Also, include identification in the message if it’s not obvious – e.g., “Amazon: Your order #111-222 has shipped.” This way the user immediately knows it’s legitimate and related to something they did.

  Hybrid Messages
  In Golan v. Veritas Entertainment, LLC (2019), the court examined "hybrid" messages that combine status updates with promotional content. The court held that if a status update also promotes additional services or upgrades, it requires express written consent rather than just express consent.

  No Marketing Content
  It’s worth stressing – do not include advertising in a status update. A shipping notice should be just that; adding “While you wait, shop our new arrivals!” turns it into a mixed message that could violate telemarketing rules (since the user didn’t consent to marketing in that context). The FCC’s rules for exempted informational calls require that they contain no telemarketing or promotional material. So keep status texts concise and relevant: what the update is, any necessary info (tracking link, confirmation number, etc.), and maybe a thank-you.

  Opt-Out Not Required (But Offered)
  Because these are service updates a customer opted into by virtue of their transaction, you’re not required by law to include an opt-out for purely transactional texts. However, it’s customer-friendly to allow it. If someone really doesn’t want text updates, they should be able to reply STOP and not get future ones. And under TCPA, if someone does reply STOP, that’s a revocation of consent for that service – you need to honor it. So it’s good to have an opt-out mechanism even for status alerts, both for courtesy and to cover any ambiguity. Usually something like “Txt STOP to cancel updates” at the end of the message is sufficient.

• Sample compliant message

  "Green Construction: Your project is now in phase 2 - electrical work begins Monday. Questions? Call 555-123-4567."

  "Beginning Tuesday, May 27th, the TEA tearoom will have updated hours. 7 am-3 pm Monday through Friday."
  

Urgent shift messages are informational and require express consent. 

• Best practices

  • Clearly identify your organization and specify urgency
  • Keep message professional and direct
    Include all necessary shift details
  • Provide clear response instructions
  • Set expectations for how long the opportunity remains open

• Special considerations

  Employee Contact Consent
  If you use text or voice blasts to fill shifts or find last-minute staff (common in healthcare, retail, etc.), make sure your employees or contractors agreed to be contacted that way. Include in your hiring or sign-up process a consent for receiving automated shift alerts. Though these aren’t marketing, an automatically dialed message to a personal cell still technically falls under TCPA. There’s no special labor exception in federal law, so it’s best to get express consent in writing (for instance, have them check a box or sign a form for text alerts). Most employees will provide a number for scheduling – just be transparent that you’ll use it for urgent texts/calls.

  Urgency and Scope
  Use urgent shift alerts only when truly needed and to the relevant people. If one location is short-staffed tonight, target messages to those who are in the pool for that location/role, not your entire workforce. Over-broadcasting can feel like spam and cause people to ignore future alerts. Since these often go out at odd hours (“Can someone cover the 7 am shift, sent at 10 pm the night before”), be mindful of your team’s work-life balance. While not a TCPA issue, some states or companies have policies about after-hours contact. Keep messages brief (“Need extra RN for 7 am-3 pm tomorrow. Reply YES if available.”).

  Opt-Out and Alternatives
  Even if someone initially agreed, situations change – an employee might no longer want text blasts about extra shifts. Provide a way to opt out (they could notify HR or reply “STOP” – if you see a STOP from an employee number, treat it as you would any other revocation and don’t text them further). You may need to find an alternative method to reach that person (email or call) for urgent matters, or respect that they prefer not to be contacted outside normal scheduling. Never retaliate or penalize someone for opting out of texts; just update your contact lists. Lastly, ensure any urgent call system is kept secure and used appropriately – those messages often go to all available staff, so don’t include confidential info. For example, “Need coverage for patient X in room 101” might reveal patient info; instead, say “Need RN for Room 101, Ward B, shift time…”. Keep it professional and within privacy bounds.

• Sample compliant message

  "Memorial Hospital: Urgent staff notice - we need coverage for ER shift tonight 7 pm-7 am. Reply YES if available."

  "Good morning, we are looking to fill a float shift today May 14 - 8:00 am-12:30 pm. Please call the nurse on duty if you can help. Thank you."

  Happy Wednesday!! We have cases available TODAY in all counties. If you are available, please reply with a YES and let us know which county you are available to work in. Thank you!"