TCPA Compliance Statement
Chargezen's SmartyTap SMS platform is designed with TCPA compliance built-in. This document outlines our compliance framework and your responsibilities as a merchant.
Important Legal Notice
TCPA violations can result in statutory damages of $500-$1,500 per message. While SmartyTap provides compliance tools, you are ultimately responsible for ensuring your SMS campaigns comply with all applicable laws. This document is for informational purposes and does not constitute legal advice. Consult with a qualified attorney for specific compliance guidance.
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 that restricts telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. It was amended by the Junk Fax Prevention Act of 2005 and has been interpreted by the FCC through numerous rulings.
The TCPA applies to all SMS and voice communications sent through SmartyTap. Key requirements include:
- Consent: Obtaining proper consent before sending messages
- Identification: Clearly identifying the sender in all messages
- Opt-Out: Providing and honoring opt-out mechanisms
- Time Restrictions: Sending messages only during permitted hours
- Do-Not-Call: Maintaining and honoring internal DNC lists
Consent Requirements by Message Type
Different types of messages require different levels of consent under the TCPA.
Marketing Messages
Prior Express Written ConsentRequired for all promotional and marketing SMS messages. Consumer must sign (electronically or physically) a clear consent agreement.
Required Elements:
- Clear disclosure that marketing messages will be sent
- Disclosure of message frequency
- Disclosure that consent is not required for purchase
- Consumer signature or electronic equivalent
- Disclosure of potential charges
Transactional Messages
Prior Express ConsentRequired for order confirmations, shipping updates, appointment reminders, and similar non-marketing messages.
Required Elements:
- Customer provides phone number voluntarily
- Customer understands messages will be sent
- Clear opt-out mechanism available
- Message directly relates to transaction
Emergency/Service Messages
Implied ConsentMay be sent when necessary for health/safety or essential service delivery, but should still follow best practices.
Required Elements:
- Genuinely urgent or safety-related
- No promotional content
- Opt-out still honored if requested
- Limited to minimum necessary communication
TCPA Compliance Checklist
Use this checklist to ensure your SMS campaigns meet TCPA requirements.
Consent Collection
- !Obtain prior express written consent before sending marketing messages(Required)
- !Use clear and conspicuous disclosure language(Required)
- !Include consent language separate from other terms(Required)
- !Document and timestamp all consent records(Required)
- !Retain consent records for minimum of 5 years(Required)
- Implement double opt-in for marketing campaigns
Message Content
- !Identify your business name in every message(Required)
- !Include opt-out instructions (e.g., "Reply STOP to unsubscribe")(Required)
- !Keep messages relevant to stated consent purpose(Required)
- !Do not use misleading sender identification(Required)
- Include help instructions (e.g., "Reply HELP for help")
Timing & Frequency
- !Send messages only between 8 AM and 9 PM recipient local time(Required)
- !Honor stated message frequency limits(Required)
- !Do not send excessive messages that constitute harassment(Required)
- !Consider time zone differences for all recipients(Required)
Opt-Out Handling
- !Process opt-out requests within 24 hours(Required)
- !Honor standard opt-out keywords (STOP, UNSUBSCRIBE, CANCEL, END, QUIT)(Required)
- !Send confirmation of opt-out processing(Required)
- !Maintain internal Do-Not-Call list(Required)
- !Scrub against national Do-Not-Call Registry (for voice calls)(Required)
TCPA Violation Penalties
| Violation Type | Penalty | Description |
|---|---|---|
| Non-willful violation | $500 per message | For unintentional violations where reasonable steps were taken to comply |
| Willful or knowing violation | $1,500 per message | Treble damages for knowing or willful violations |
| State attorney general action | Varies by state | Additional state-level penalties may apply under state TCPA equivalents |
| FCC enforcement | Up to $10,000 per call | FCC may impose additional penalties for regulatory violations |
Note: Penalties are per message/call. A campaign of 10,000 messages with willful violations could result in damages of $15,000,000. Class action lawsuits are common in TCPA litigation.
SmartyTap Compliance Features
Built-in tools to help you maintain TCPA compliance.
Consent Management
Built-in tools to collect, store, and manage TCPA-compliant consent records
Automatic Opt-Out Processing
Instantly processes STOP requests and maintains suppression lists
Time Zone Intelligence
Automatically schedules messages based on recipient time zone to ensure compliant delivery windows
Audit Trail & Reporting
Complete audit logs of all messages, consent records, and opt-outs for compliance documentation
DNC Registry Scrubbing
Automatic scrubbing against national and internal Do-Not-Call lists before outbound campaigns
Carrier Compliance
Pre-built compliance with major carrier requirements (Verizon, AT&T, T-Mobile) and 10DLC registration
Sample Consent Language
The following is example consent language that may be adapted for your use. Consult with legal counsel before implementing.
"By providing your phone number and checking this box, you consent to receive recurring automated marketing text messages (e.g., cart reminders, promotional offers) from [Company Name] at the phone number provided. Consent is not a condition of purchase. Message frequency varies. Msg & data rates may apply. Reply HELP for help and STOP to cancel. View our SMS Terms andPrivacy Policy."
This is sample language only and should be reviewed by your legal team. Requirements may vary based on your specific use case and jurisdiction.
Need Compliance Guidance?
Our compliance team can help you set up TCPA-compliant SMS campaigns and ensure your consent collection processes meet regulatory requirements.
