In today’s mobile-first world, text message marketing is one of the most effective tools for small businesses looking to connect with customers quickly and directly. But if you’re not careful, those same messages can turn into lawsuits under the Telephone Consumer Protection Act (TCPA) – a law that carries steep penalties for violations, even accidental ones.
Whether you’re a small business owner, marketer, or franchise operator, understanding TCPA compliance is no longer optional – it’s essential.
What is the TCPA and Why Does It Matter for SMS Marketing?
The Telephone Consumer Protection Act (TCPA) is a federal law that restricts businesses from using certain types of automated communications without proper consent. This includes text messages sent through platforms or software that use auto-dialing systems (often referred to as “ATDS”).
For small businesses, this means:
- You must have prior express written consent before sending promotional text messages.
- You must clearly identify yourself in the message.
- You must provide an opt-out mechanism (e.g., “Reply STOP to unsubscribe”).
If your text marketing campaign doesn’t meet these requirements, you could be hit with $500 to $1,500 in penalties per message—yes, per message. When a plaintiff seeks to create a federal class action lawsuit under the TCPA, potential damages can be in the hundreds of thousands.
Real Risks for Small Businesses
Even if you’re using a third-party SMS marketing provider, you are still responsible for what’s sent under your name. That means if your provider fails to secure consent properly, you’re the one who could end up in court.
We’ve seen a major uptick in TCPA lawsuits targeting small and mid-sized businesses, many of which had no idea they were violating the law. Common missteps include:
- Sending texts to old lead lists without confirming consent.
- Failing to log and store consent documentation.
- Forgetting to include opt-out instructions in every message.
Worse yet, these claims often lead to class action lawsuits, with potential damages reaching six or seven figures.
The Florida Factor: FTSA Compliance
If your business is based in Florida or contacts Florida residents, you also need to comply with the Florida Telephone Solicitation Act (FTSA) – a state law that adds even stricter requirements on top of the TCPA. Florida has become a hotspot for text message litigation, so extra caution is required.
How to Protect Your Business
Here are a few tips to ensure TCPA and FTSA compliance:
- ✅ Always get clear, written consent before texting customers.
- ✅ Use compliant messaging platforms that log and track consent.
- ✅ Regularly audit your contact lists for opt-outs and outdated numbers.
- ✅ Train your team or marketing vendors on compliance best practices.
- ✅ Consult with a law firm familiar with TCPA litigation and defense.
At Trembly Law Firm, we work with small businesses and franchises across Florida to review SMS marketing practices and protect them from unfair lawsuits. Our legal team helps ensure your marketing strategy supports – not threatens – your growth.
Final Thought: Don’t Let “Lawsuit Larry” Catch You Off Guard
Text message marketing is powerful, but with great power comes great legal risk. The TCPA is often misunderstood, and too many businesses only realize the consequences after they’ve been sued.
Before you hit “send,” make sure you’ve got the right legal protection in place.
Need a compliance review or facing a TCPA issue? Contact Trembly Law Firm today.