a2p.guide
Reference

TCPA Basics for Texting

The federal law behind every SMS compliance rule: what the TCPA covers, the PEWC standard for marketing texts, the $500–$1,500-per-message damages, and why the now-dead one-to-one consent rule still doesn't let you buy leads.

reference Last verified mid-2026 3 min read

The TCPA (Telephone Consumer Protection Act, 1991, 47 U.S.C. 227) is the federal law that governs whether an automated call or text is legal to send. It is the reason every other SMS compliance rule on this site exists, and it is the engine behind the ongoing class-action wave. For the full regulatory picture see /regulations/tcpa/.

What the TCPA covers in texting

A text message is treated as a “call” under the TCPA. The key consequences for business texting:

  • Marketing / promotional texts require Prior Express Written Consent (PEWC) — see consent & opt-in.
  • Informational / transactional texts the recipient asked for (order updates, OTPs, appointment reminders) are held to a lower bar but still require some form of prior express consent.
  • Quiet-hours restrictions apply to solicitation texts — see quiet hours.
  • It is federally enforced by the FCC, but — critically — it carries a private right of action: any recipient can sue, individually or as a class, without involving a regulator.

PEWC — the marketing standard

For marketing texts, PEWC is the highest consent tier. It requires a signed written agreement (electronic signatures and form check-the-box opt-ins count) that:

  • clearly authorizes the specific sender to send marketing texts, and
  • states that consent is not a condition of purchasing any goods or services.

The compliant CTA on the consent & opt-in page is how PEWC is captured in practice.

Statutory damages — why this is expensive

$500 to $1,500 per message, uncapped
TCPA damages are statutory: $500 per message as the floor, trebled to up to $1,500 per message for willful or knowing violations. There is no cap in aggregate and no proof of harm required — the violation alone is enough. Multiply by a class of recipients and a single non-compliant blast becomes a six- or seven-figure exposure. This is the core economic reason compliance matters.

The FCC’s 2024 one-to-one consent rule (aimed at lead-gen — requiring per-seller, topically-related consent) is no longer in force:

EventDateStatus
Rule vacated by the 11th Circuit (Insurance Marketing Coalition v. FCC)Jan 24, 2025One business day before its Jan 27, 2025 effective date
Rule formally repealed by FCC final ruleSept 2025Dead

There is no federal one-to-one consent mandate today.

But you still can't buy leads for texting
The death of the one-to-one rule does not open the door to purchased leads. TCR and carrier rules independently forbid sharing or selling SMS opt-in data and prohibit buying leads for texting — consent must be collected directly by the sender. The practical bar for lead-gen SMS remains high regardless of the federal rule’s status (see prohibited content).

Next

Sources

Primary sourceFCC — TCPA / DNC text guidance ↗
Primary sourceFCC — removes one-to-one consent rule (nullified by court) ↗
SourceWiley — 11th Circuit vacates FCC's one-to-one TCPA consent rule ↗
SourceBurr — TCPA recoverable damages ↗
SourceNCLC — top TCPA/robocall developments 2024–2025 ↗