TCPA

TCPA stands for the Telephone Consumer Protection Act. It’s the US federal law that governs how businesses can call, text, and fax consumers. Originally passed in 1991 and updated several times since, it’s the legal framework behind every “Do Not Call” rule, every “Reply STOP to unsubscribe” line, and every opt-in checkbox you see when you give a business your phone number.

For a service business, TCPA is the law you have to comply with on top of (and separate from) carrier rules like A2P 10DLC.

What TCPA Requires

The core requirements for service businesses sending texts or making calls:

Prior express consent. You can only contact people who have opted in. The opt-in has to be clear and explicit — not buried in fine print or pre-checked boxes.
Clear identification. Calls and texts must identify the business and provide a way to opt out.
Honored opt-outs. When someone replies STOP (or asks to be removed verbally), you must stop contacting them — and you have to actually do it, not just promise to.
Time-of-day rules. Marketing calls and texts can only happen between 8am and 9pm in the recipient’s local time zone.
No automated calls without consent. Pre-recorded calls or auto-dialers require even stricter opt-in (often called “express written consent”).

What It Means for Service Businesses in 2026

In practice, for most small service businesses, TCPA compliance comes down to four habits:

Get clear consent at booking. Your booking form, contract, or intake conversation should explicitly say “by providing your phone number, you agree to receive text messages from [business name] about your service.” That sentence is the documented opt-in.
Honor STOP requests instantly. When someone replies STOP, the system should immediately suppress that number from future texts. Manual lists fail; automated suppression doesn’t.
Identify yourself in every text. Especially first-touch texts. “Hi, this is [name] from [business]” — not just an anonymous reply.
Stay within reasonable hours. No 11pm appointment reminders. Most automated systems (including Kairvio) enforce time-of-day windows automatically.

Penalties

TCPA violations can be expensive. Statutory damages run $500–$1,500 per violation, and class-action lawsuits over TCPA violations have hit individual companies for tens of millions of dollars. Most TCPA suits target larger businesses with mass-marketing programs, but small businesses have been sued too — usually after a single disgruntled customer files a complaint.

The right messaging platform handles consent tracking, STOP suppression, and time-of-day rules automatically, which is the safest path.

TCPA vs A2P 10DLC

People confuse these. Quick disambiguation:

TCPA is the federal law — what you can and can’t do legally.
A2P 10DLC is the carrier registration system — how your messages physically get delivered.

You need to comply with both. A2P 10DLC registration doesn’t substitute for TCPA consent.

For more on business texting, see our guide on A2P 10DLC compliance and the auto-text glossary entry.

This glossary entry is informational, not legal advice. For TCPA compliance questions specific to your business, consult an attorney.

What TCPA Requires

What It Means for Service Businesses in 2026

Penalties

TCPA vs A2P 10DLC

Related terms

A2P 10DLC

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