Text Message Marketing SMS Compliance and Legal Requirements 1 — Questions and Answers
Question 1: Which US federal law primarily governs commercial SMS marketing and requires prior express written consent?
- TCPA (Correct answer)
- CAN-SPAM
- GDPR
- FTC Act
Correct answer: TCPA
The Telephone Consumer Protection Act (TCPA) is the primary US federal law governing commercial SMS marketing and mandates prior express written consent before sending promotional texts.
Question 2: What must every commercial SMS message include to comply with TCPA regulations?
- An opt-out mechanism (Correct answer)
- A physical mailing address
- A toll-free number
- A website URL
Correct answer: An opt-out mechanism
TCPA and CTIA guidelines require every commercial SMS message to include a clear and easy opt-out mechanism, such as replying STOP.
Question 3: Under TCPA, what is the maximum statutory damage per unsolicited text message sent without consent?
- $1,500 (Correct answer)
- $500
- $5,000
- $10,000
Correct answer: $1,500
TCPA allows courts to award up to $1,500 per willful violation per message, making non-compliance extremely costly for businesses.
Question 4: Which keyword is the industry-standard opt-out word subscribers can text to stop receiving SMS marketing messages?
- STOP (Correct answer)
- QUIT
- END
- CANCEL
Correct answer: STOP
STOP is the universally recognized and CTIA-required opt-out keyword that SMS marketing platforms must honor immediately upon receipt.
Question 5: What is 'express written consent' in the context of SMS marketing compliance?
- A clearly disclosed agreement where the consumer affirmatively opts in to receive texts (Correct answer)
- A verbal agreement recorded over the phone
- An email confirmation from the subscriber
- A checkbox pre-selected on a web form
Correct answer: A clearly disclosed agreement where the consumer affirmatively opts in to receive texts
Express written consent requires a clear, affirmative opt-in action by the consumer with full disclosure that they will receive automated marketing texts.
Question 6: Which organization provides industry guidelines and best practices for commercial SMS messaging compliance in the US?
- CTIA (Correct answer)
- FCC
- FTC
- NAD
Correct answer: CTIA
The CTIA (Cellular Telecommunications Industry Association) publishes Messaging Principles and Best Practices that carriers and businesses must follow for compliant SMS marketing.
Text Message Marketing SMS Compliance and Legal Requirements 1
Which US federal law primarily governs commercial SMS marketing and requires prior express written consent?