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SMS complianceReviewed September 7, 2026

What is TCPA?

The TCPA's codified telephone-equipment restrictions appear in 47 USC 227 and reach covered persons and US recipients.

Who this applies to#

  • The cited statute reaches persons in the US and persons outside the US where the recipient is in the US

What TCPA requires#

  • Covered advertising or telemarketing calls using an autodialer or artificial or prerecorded voice require prior express written consent subject to exceptions

What this does not require#

  • The evidence does not establish that every person-to-person text or messaging system satisfies the statutory autodialer definition

Common mistakes#

  1. Treating every automated platform as an autodialer
  2. Ignoring recipient geography

TCPA checklist#

  • Identify covered traffic
  • Capture consent where required
  • Honor revocation

Commonly confused with#

OnVoard's take#

Keep TCPA scope, covered technology, recipient geography, and current FCC material distinct rather than flattening them into one SMS rule.

Official sources#