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What is SMS consent under the TCPA?

Updated October 21, 2026 · Ottimo team

Short answer

SMS consent under the TCPA is the permission a business must have before it sends text messages to a customer’s phone. The Telephone Consumer Protection Act is a United States law that governs automated calls and texts. For marketing texts it requires prior express written consent; transactional texts such as appointment reminders have a lower bar. This page is general information, not legal advice.

  • Promotional texts need prior express written consent: a clear disclosure the customer agrees to, with a record of when and how.
  • Appointment confirmations and reminders are transactional. They still need consent, but not the marketing disclosure.
  • Appointment texts and promotional texts are separate consents. One does not cover the other.
  • Every message stream must honor STOP and answer HELP.
  • Keep the consent record: the form text, the time, the phone number and the box that was ticked.
  • State laws and carrier rules add requirements on top of the TCPA.

What the TCPA is

The Telephone Consumer Protection Act is a United States federal law from 1991 that was written for robocalls and later applied to text messages. It is enforced by the Federal Communications Commission and through private lawsuits, which is why it gets attention: a business that texts without consent can be sued per message.

The law draws a line between messages a customer asked for and messages a business wants to send. A confirmation of the appointment someone just booked sits on one side. A text about a spring whitening special sits on the other. The consent needed is different for each.

This page explains the concepts so you can ask the right questions. It is general information, not legal advice. Your attorney should review your forms and your message flows.

What express written consent means

For marketing texts, the TCPA requires prior express written consent. In practice that means a disclosure next to the checkbox or the form button that says the customer agrees to receive marketing texts from your business, that messages may be sent with automated technology, that consent is not a condition of purchase, that message and data rates may apply, and how to opt out. The customer takes a clear action to agree, and you keep a record of it.

Electronic signatures count, so a ticked box on a web form or a reply of a keyword to a number can qualify, as long as the disclosure was shown first and you can prove it later. A phone number scribbled on an intake sheet without that language does not.

Transactional messages, such as a confirmation, a reminder, a reschedule link or a message about a form the customer started, need consent too, but not the marketing disclosure. Giving you their number in the course of booking generally covers messages about that booking. It does not cover promotions, which is why the two consents stay separate on a well-built form.

STOP, HELP and the record

Every text program has to honor an opt-out. A reply of STOP must end that stream of messages, and the customer should get one confirmation that they are unsubscribed. A reply of HELP should return who is texting and how to reach you. Carriers require this on top of the law, and they will shut off a number that ignores it.

The record is your defense. Store the exact consent language the customer saw, the timestamp, the phone number and the source form. If a customer disputes a message two years later, you want to be able to show what they agreed to and when. If you change the form text, keep the old version with the date it was retired.

Common mistakes

Treating one consent as all consent. A customer who booked a visit agreed to hear about the visit, not to a monthly promotion. Texting old lists imported from a previous system with no record of how the numbers were collected. Sending from a personal phone, where STOP replies land in a thread nobody checks.

Forgetting that time matters. Many states restrict the hours promotional texts can be sent, and some add their own consent rules. A reminder at 7 a.m. for a 9 a.m. visit is a service. A promotion at 7 a.m. is a complaint.

How Ottimo handles it

Ottimo’s forms carry separate checkboxes for appointment messages and promotional messages, with the disclosure text beside each. The consent, its timestamp and the form it came from are stored on the customer record. Email and SMS follow-up reads those flags, so a reminder goes to anyone with a booking and a promotion goes only to people who opted in to promotions.

STOP and HELP are handled automatically on every number, and an opt-out updates the record so a person at the desk sees it too. The AI phone agent texts a confirmation after it books, under the appointment consent, and does not send promotions. We provide the language to your attorney for review before you go live.

Related questions

Do appointment reminders need written consent?

They need consent, but not the marketing-grade disclosure. A customer who gives their number while booking has generally agreed to messages about that booking. Promotions are a separate consent. Confirm specifics with your attorney.

Can I text a customer who called us?

A text back to a missed call about that call is generally treated as a response the caller asked for. Ongoing marketing texts are not. Keep the two streams separate and honor STOP on both.

What happens when someone replies STOP?

That stream ends immediately, the customer gets one confirmation, and the record is updated. If they opted out of promotions, they can still receive their appointment reminder unless they stop that stream too.

Is this legal advice?

No. It is general information to help you ask the right questions. Rules vary by state and change over time. Have your attorney review your consent language and message flows.

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