What is a mini-TCPA?

Mini-TCPAs are state-level laws modeled after the federal Telephone Consumer Protection Act (TCPA). These laws often impose stricter regulations on telemarketing activities, including the use of automated systems for calls and text messages. The following US states have enacted their own mini-TCPA laws:

If you plan to send text messages in these US states, you must understand and follow the mini-TCPAs. Doing so will help keep your marketing efforts compliant with the regulations and protect you from legal issues or fines.

How mini-TCPAs differ from the TCPA

While the gist of the federal bill remains the same, mini-TCPAs often include the following state-level amendments:

1. Timeframe restrictions

Each state with a mini-TCPA sets specific timeframes for when telemarketers can legally make calls or send SMS or MMS messages. While there are slight differences across states, most allow marketing communications between 8 a.m. and 9 p.m. local time.

2. Limit on the number of calls and text attempts

Some states with mini-TCPAs limit the number of calls and texts within a 24-hour period to 3 per customer. This applies in the following states:

  • Florida
  • Maryland
  • New Jersey
  • Oklahoma

3. Penalties for violating mini-TCPAs

The penalties for not adhering to mini-TCPAs enforced by each state can be severe. They can include monetary fines and private rights of action, which grant individuals the authority to take legal action and seek damages for legal violations.

These fines can range from $500 to $20,000 per violation, and that’s without the attorney fees and the private rights of action.

Best practices for sending text messages

While you should always consult an attorney, here are some recommendations that can help you avoid mini-TCPA violations:

  • Before sending messages, make sure you have express consent from each subscriber on your list.
  • Limit the number of SMS messages your subscribers can receive in 24 hours.
  • Do not send messages during quiet hours.
  • Indicate who the sender is in each message.
  • Offer subscribers a straightforward way to opt out of further messaging using an unsubscribe keyword or an unsubscribe link.

Klaviyo is a marketing automation platform that helps you stay compliant with mini-TCPAs in different US states. 

Simplify consent management with custom sign-up forms, unsubscribe keywords, and links. Use Klaviyo’s smart send feature to restrict messaging during quiet hours and limit the number of daily messages you can send to each of your subscribers.

Sign up for Klaviyo now and start running your campaigns and automated flows with confidence.

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