Disclaimer: This article provides general information about TCPA compliance. It is not legal advice. Consult a licensed attorney for guidance specific to your business.

The Telephone Consumer Protection Act (TCPA) is a federal law that governs commercial text messaging. Violations can result in statutory damages of $500–$1,500 per text message — and class action lawsuits have cost businesses millions of dollars over improper SMS practices.

Most home service businesses don’t intend to violate TCPA. They just don’t know the rules. Here’s what you need to understand.

The Core Requirement: Prior Express Written Consent

Before sending any marketing text messages, you must have prior express written consent from the recipient. This means:

• The customer must affirmatively agree to receive texts — a pre-checked box doesn’t count
• The agreement must be in writing (digital forms and website checkboxes qualify)
• The customer must understand they’re agreeing to receive marketing messages
• You must disclose the frequency of messages and that message/data rates may apply

Transactional texts — job confirmations, appointment reminders, on-the-way notifications — have different (less strict) consent requirements, but marketing texts require the full prior express written consent standard.

What Compliant Opt-In Looks Like

A compliant opt-in for SMS marketing includes:

• A clear call to action: “Sign up to receive text updates from [Company]”
• Disclosure of message frequency: “You’ll receive up to 8 messages per month”
• Disclosure of costs: “Message and data rates may apply”
• Opt-out instructions: “Reply STOP to unsubscribe”
• A link to your Privacy Policy and Terms

Opt-Out: Non-Negotiable

You must honor opt-out requests immediately. When someone texts STOP, you must:

• Send one final confirmation: “You have been unsubscribed from [Company] messages. Reply START to re-subscribe.”
• Cease all marketing texts immediately — no exceptions
• Not require the customer to take additional steps to unsubscribe

LaunchSMS handles STOP/START/HELP responses automatically and maintains opt-out records. When a number opts out, it’s flagged in your CRM and excluded from future campaigns automatically.

Common Mistakes to Avoid

• Importing contact lists without documented consent. Buying or importing phone numbers from a list and texting them — even if they’re “local” — is a TCPA violation without proper consent.
• Using old contacts without re-consent. A customer who gave you their number for a service call two years ago didn’t necessarily consent to marketing texts. Document when and how consent was collected.
• Texting after receiving a STOP reply. Any marketing text after an opt-out is a violation, even if it’s “just one more message.”
• Pre-checked consent boxes. TCPA requires affirmative opt-in — not opt-out. Pre-checked checkboxes don’t meet the standard.

How LaunchSMS Helps You Stay Compliant

LaunchSMS includes built-in TCPA compliance tools:

• Automatic STOP/START/HELP processing with compliant response messages
• Opt-out tracking and suppression across all campaigns
• Opt-in documentation — every contact record stores how and when consent was collected
• Compliant opt-in language built into all LaunchSMS forms and widgets
• Message frequency disclosure built into SMS Terms included in this website’s legal pages

TCPA compliance is not something to handle casually. If you have questions about your current practices, we recommend consulting an attorney who specializes in telecommunications law. Schedule a demo to learn how LaunchSMS handles compliance automation.