No, TCPA isn’t another new acronym in the alphabet of legislation that marketers need to comply with (think GDPR, CCPA, and CPRA). The TCPA, or Telephone Consumer Protection Act to give it its full name, has existed since 1991, so you should be all over it already. However, there’s no time like the present to brush up on TCPA compliance because there’s some new rules that will come into play starting April 11, 2025.
These new rules will make it easier for consumers to revoke their consent to receive robocalls (automated telemarketing calls) and robotexts (SMS text marketing messages to you and me).
Before we discuss these new TCPA rules and understand how they will potentially impact marketers using the emfluence Marketing Platform, it might be beneficial to remind you what the TCPA is all about.
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a U.S. federal law enacted in 1991 to protect consumers from unwanted telemarketing calls, text messages, and faxes – and yes, even in 2024, some people are still using faxes.
The TCPA regulates how companies can contact individuals, particularly with automated dialing systems, pre-recorded messages, or SMS texts. At its core, the TCPA requires that companies obtain prior consent before contacting consumers via these methods, honor the National Do Not Call Registry, and provide clear opt-out procedures.
TCPA Fines
Violations of the TCPA can result in fines ranging from $500 to $1,500 per unauthorized call or message. For instance, if a company contacts 100 people without obtaining proper consent, it could be liable for fines totaling between $50,000 and $150,000, depending on whether the violations are found to be intentional.
What Are the New TCPA Rules?
In response to growing consumer concerns over unsolicited automated calls and texts, the Federal Communications Commission (FCC) issued a TCPA Consent Order in February 2024. This order stipulated new rules to simplify the process for consumers to opt out of receiving automated calls and SMS texts.
The fundamental changes include:
- Simplified Opt-Out Process: The updated rules allow consumers to revoke consent through a straightforward, standardized process, making it easier to stop unwanted communications.
- Timely Compliance: Once consumers submit an opt-out request, businesses are required to promptly honor it. This rule means that companies must act quickly to prevent further robocalls or texts to anyone who has opted out.
- April 2025 Effective Date: The FCC announced that these rules would become enforceable six months after the Office of Management and Budget (OMB) approved the necessary paperwork and compliance procedures on September 26, 2024. With that approval, the new rules are officially set to take effect on April 11, 2025.
What Do These New TCPA Rules Mean for Consumers?
For consumers, these changes are a breath of fresh air. They aim to eliminate the frustration often associated with opting out of automated marketing calls and text messages. In the past, some companies have made it difficult for consumers to opt-out, but the updated rules will set clear, universal standards for how companies must handle revocations. These include:
- Flexible Opt-Out Options: Consumers will be able to opt-out in various ways, including by responding to texts with a single word or number or by speaking directly to a representative on phone calls.
- Stronger Legal Basis: With a stronger legal basis, consumers now have a more straightforward opportunity to hold companies accountable if they fail to honor opt-out requests, providing increased consumer protections and peace of mind.
Why emfluence Supports These New TCPA Rules
By supporting client compliance with TCPA regulations, emfluence reinforces all those marketing best practices that foster brand loyalty and deliver results. Essentially, we believe that marketers who honor these new rules are much more likely to foster positive relationships with their customers. Moreover, with more clearly defined opt-in and opt-out options, marketers will ensure they only reach audiences that are genuinely interested in their products or services, leading to higher engagement, more conversions, and improved ROI.
But there’s more to the story. We believe SMS marketing is not just effective, but it’s also a vital part of the marketing landscape that needs protection from marketers acting in bad faith.
Protecting SMS as a Premium Marketing Channel
At emfluence, we recognize SMS as a premium marketing channel due to its direct, personal nature and incredible engagement rates. With open rates nearing 98%, SMS outperforms most other digital channels, often driving an immediate response from consumers. This success is especially relevant for time-sensitive alerts, promotions, and offers.
Additionally, SMS reaches an incredibly broad demographic, making it especially useful for marketers in the healthcare and financial services industries.
Strict opt-in and opt-out regulations, like the TCPA rules, help keep SMS largely spam-free, meaning recipients are more likely to find the messages relevant and valuable.
How emfluence Supports These New TCPA Rules
The good news is that if you are already using the emfluence Marketing Platform, you are most likely fully compliant with the New TCPA rules.
SMS opt-outs are instant, and the platform supports single-word opt-out questions, including stop, quit, end, revoke, opt-out, cancel, or unsubscribe.
Learn More
To learn more about how the emfluence Marketing Platform can help you be a more responsive and responsible marketer by staying on the right side of TCPA compliance, contact our SMS marketing experts today at expert@emfluence.com.
