SMS Marketing Compliance: TCPA & GDPR Guide 2026

SMS marketing sits at the intersection of telecommunications law, data protection regulation, and consumer protection rules. Brands that get it wrong face a combination of statutory fines, class action exposure, and carrier-level blocking that can permanently damage their mobile channel. The regulatory environment in 2026 is more stringent than ever following the FCC's one-to-one consent rule and GDPR enforcement actions against major brands.

Three frameworks govern SMS marketing for most businesses: the Telephone Consumer Protection Act (TCPA) for US contacts, the General Data Protection Regulation (GDPR) for EU contacts, and the CTIA's messaging principles and best practices that apply to carrier network access regardless of geography. Additional jurisdictions including Canada (CASL), Australia (Spam Act), and individual US states add layers that globally operating brands must address.

The Telephone Consumer Protection Act of 1991 remains the primary federal law governing commercial text messages in the United States. Despite its age, TCPA has adapted through FCC rulemaking to cover modern SMS marketing practices. Private plaintiffs and class action attorneys actively enforce it, making TCPA compliance essential for any brand messaging US consumers.

Required TCPA Consent Disclosure Language

Your opt-in forms and consent capture mechanisms must include language that clearly identifies: who is sending the messages, the nature of the messages (marketing/promotional), that message and data rates may apply, an estimated message frequency, how to opt out (reply STOP), and a link to your terms and privacy policy. Here is an example disclosure:

The General Data Protection Regulation applies to any business that processes personal data of EU residents, regardless of where the business is incorporated. SMS marketing almost universally involves collecting and processing mobile phone numbers — personal data under GDPR — which triggers comprehensive obligations around lawful basis, transparency, and individual rights.

GDPR Article 6 requires a lawful basis for processing personal data. For direct marketing via SMS, the only practically viable lawful bases are explicit consent (Article 6(1)(a)) or legitimate interests (Article 6(1)(f)). However, GDPR Recital 47 and the ePrivacy Directive (applied in most EU member states) make it difficult to rely on legitimate interests for unsolicited electronic marketing. In practice, explicit consent is required.

Data Subject Rights in SMS Context

EU subscribers retain all GDPR data subject rights in relation to their phone number and messaging history. You must be able to respond to: right of access (provide all data held), right to erasure (delete their number and history), right to portability (export their data), and right to object to processing. Your SMS platform must support these operations programmatically.

Collecting valid consent is the foundation of SMS compliance. The method through which you capture opt-ins determines your legal defensibility, subscriber quality, and long-term list health. Each opt-in method carries different compliance requirements and conversion trade-offs.

Even when you have valid consent, the content of your SMS messages must meet regulatory and carrier requirements. Message content violations can trigger carrier filtering, short code suspension, and consumer complaints that invite regulatory scrutiny. The CTIA publishes mandatory messaging guidelines that carriers enforce independently of TCPA and GDPR.

URL and Link Compliance

Links in SMS messages are subject to carrier scrutiny. Avoid URL shorteners from public services like bit.ly, as these are associated with spam and frequently blocked. Use branded short domains or your own domain-level short links. Ensure the landing page destination matches the message content — deceptive or mismatched destinations trigger carrier filtering and FTC enforcement risk. Always use HTTPS links.

SMS has the highest open rate of any marketing channel (98%) and the most intimate delivery method — directly to a subscriber's pocket. This intimacy makes frequency management critical not only for compliance but for subscriber satisfaction and list longevity. Sending too frequently drives opt-outs, complaints, and eventually carrier filtering.

The frequency disclosed in your opt-in consent must accurately reflect actual sending behavior. Disclosing "up to 4 messages per month" and sending 15 is a TCPA compliance issue because the consent was obtained under misleading terms. If your frequency changes, notify subscribers and obtain renewed consent for significantly increased volumes. Sending times also matter: avoid messages before 8 AM or after 9 PM in the recipient's local time zone per TCPA quiet hours provisions.

In TCPA litigation, the burden shifts to the defendant to prove they had valid consent. Without detailed consent records, you cannot mount a defense. GDPR similarly requires you to demonstrate compliance under the accountability principle. Robust record keeping transforms compliance from a cost center into your primary legal defense mechanism.

SMS compliance is not a one-time setup — it requires ongoing monitoring of metrics that signal risk before they become regulatory problems. Proactive compliance monitoring lets you identify and correct issues before they escalate to complaints, FTC inquiries, or litigation.

Annual Compliance Review Checklist

• Audit all opt-in forms for current TCPA disclosure language and one-to-one consent compliance
• Verify opt-out processing time meets 10 business day requirement and review any exceptions
• Confirm suppression lists are synchronized across all platforms and sending systems
• Review message frequency against disclosed amounts in consent forms
• Test HELP and STOP keyword responses on all short codes and long codes
• Confirm consent record exports are complete and backed up outside SMS platform
• Review any complaints received and trace root cause through consent records
• Update EU subscriber data processing documentation for GDPR accountability requirements
• Conduct vendor due diligence on SMS platform's compliance certifications
• Review legal landscape for any new FCC rulemakings or state-level SMS laws

For brands with significant SMS programs, consider a dedicated compliance officer or retaining outside counsel with TCPA expertise for annual audits. The legal landscape evolves rapidly — state attorneys general, FTC enforcement actions, and private litigation continue to refine what "compliant" looks like in practice. Stay subscribed to FCC notices and CTIA updates.

Frequently Asked Questions