TCPA Compliance Software for Every Text You Send
TCPA compliance software enforces the consent, timing and opt-out rules that apply to marketing texts in the US. ColdTexting requires a consent record for each contact, holds messages outside federal and state quiet hours, honors STOP instantly and keeps an exportable audit log.
Consent under the TCPA
Two kinds of consent and when each one applies
The TCPA is the Telephone Consumer Protection Act of 1991, the federal law that limits automated calls and texts to US phone numbers.
Texts sent from software count as calls made with an automatic telephone dialing system for most courts, so the consent rules in 47 CFR 64.1200 apply to them. The rules split texts into two groups, and the group decides which consent you need before the first message goes out.
- Prior express consent
- Prior express consent is permission a person gives when they hand you their number for a specific purpose, such as booking an appointment. It covers informational texts like reminders and confirmations.
- Prior express written consent
- Prior express written consent is a signed agreement, electronic signatures included, that names your business, says the person agrees to receive marketing texts at that number and states that agreeing is not a condition of purchase. Sales and promotional texts need it.
ColdTexting asks for the consent type at import and matches it to the use case of each campaign. A promo aimed at contacts who only gave informational consent is held back before the send, and the draft itself gets a score from the SMS compliance checker.
| Question | Prior express consent | Prior express written consent |
|---|---|---|
| Typical texts | Reminders, confirmations, replies | Offers, promos, sales follow-up |
| How it is given | Number shared for that purpose | Signed agreement, e-sign counts |
| Names your business | Not required | Required |
| Not a condition of purchase | Not required | Required |
Sending hours
Quiet hours by recipient time zone
Federal rules allow telephone solicitations only between 8 am and 9 pm in the recipient's local time (47 CFR 64.1200(c)(1)). Several states set a narrower window.
| State | Window for sales texts | Extra rule | Law |
|---|---|---|---|
| Federal baseline | 8 am to 9 pm | Applies everywhere | 47 CFR 64.1200(c)(1) |
| Florida | 8 am to 8 pm | Max 3 texts on one subject per 24 hours | Fla. Stat. 501.059 |
| Oklahoma | 8 am to 8 pm | Max 3 texts on one subject per 24 hours | Oklahoma Telephone Solicitation Act |
| Maryland | 8 am to 8 pm | Max 3 texts on one subject per 24 hours | Maryland Stop the Spam Calls Act |
| Washington | 8 am to 8 pm | Unsolicited commercial texts prohibited | RCW 80.36.390 |
| Connecticut | 9 am to 8 pm | Prior express written consent | Conn. Gen. Stat. 42-288a |
| Texas | 9 am to 9 pm, Sunday noon to 9 pm | Seller registration may apply | Tex. Bus. and Com. Code ch. 301 and 302 |
| Louisiana | 8 am to 8 pm | No Sundays or state holidays | La. R.S. 45:844.11 |
| Rhode Island | 9 am to 6 pm weekdays, 10 am to 5 pm Saturday | No Sundays or state holidays | R.I. Gen. Laws 5-61-3.4 |
ColdTexting reads the area code and the contact's state, picks the narrower window and releases each message only inside it. A campaign scheduled for 9 am Eastern waits for 9 am in Hartford and for noon on a Sunday in Austin. The daily cap in Florida, Oklahoma and Maryland is counted per contact, so a fourth text on the same subject waits until the next day.
Revocation of consent
STOP ends every message on every number
Under 47 CFR 64.1200(a)(10) a person can revoke consent by any reasonable means, and the sender has to honor it within 10 business days at most. ColdTexting does it at once. STOP, UNSUBSCRIBE, CANCEL, END, QUIT and plain sentences such as "please stop texting me" all suppress the number across every line, campaign and sequence in the workspace.
The contact gets one confirmation text, nothing after it. The opt-out lands in the audit log with the exact reply and the time, so the record is there if anyone asks later. A contact who wants back in texts START, which writes a new consent entry rather than editing the old one.
Carrier registration asks how you handle opt-outs, so the same flow feeds your 10DLC registration answers.
Why it matters
What a TCPA claim costs per message
The TCPA lets each recipient sue for $500 per text, and a court can triple that to $1,500 per text when the violation was willful or knowing (47 U.S.C. 227(b)(3)).
Damages count messages, not campaigns. One promo sent to 2,000 people without written consent is 2,000 violations, which is $1,000,000 in statutory damages before any lawyer fees. Class actions bundle those claims, and state laws such as the Florida Telephone Solicitation Act add their own private right of action on top.
The defense that works is a record: who agreed, when, where and to what wording, plus proof that opt-outs were honored. The full rule set is summarized in our guide to TCPA text message rules, and the content we do not carry is listed in the acceptable use policy.
Worked example
- Texts without consent proof
- 2,000
- Statutory damages per text
- $500
- Exposure, willful case
- $3,000,000
Not legal advice
This page explains how ColdTexting applies federal and state texting rules. It is not legal advice. Laws change and facts differ, so ask your own counsel about your consent language and campaigns.
FAQ
Questions about TCPA compliance for texts
Marketing texts sent with automated systems need prior express written consent, a clear way to opt out and delivery inside allowed hours, which are 8 a.m. to 9 p.m. in the recipient time zone at the federal level.
The TCPA allows $500 in statutory damages per message, and up to $1,500 per message when a violation is willful or knowing.
Yes. Florida, Oklahoma and Maryland, among others, limit texts to narrower hours such as 8 a.m. to 8 p.m. and cap how many texts a contact can receive in 24 hours.
Each contact stores the consent source, timestamp, IP address and the exact form text. Scale and Enterprise export a consent proof PDF per contact.
No. ColdTexting enforces the rules in software. Your counsel decides your consent language and policies.
Related pages
Keep consent proof next to every text you send
Every plan records consent, enforces quiet hours by recipient state and honors STOP on all numbers. Starter begins at $24 per month billed yearly.