What is a mini-TCPA?

In the USA, Mini-TCPAs are state-level laws modelled after the federal Telephone Consumer Protection Act (TCPA). These US 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, it’s important to understand and follow the mini-TCPAs. Doing so will help keep your marketing efforts compliant with regulations and protect you from legal issues or fines.

How state mini-TCPAs differ from the federal 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 brands can legally make calls or send SMS or MMS messages. While there are slight differences across states, most allow text messaging between 8 am and 9 pm local time.

2. Call and text attempt limits

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

  • Florida
  • Maryland
  • New Jersey
  • Oklahoma

3. Penalties for violating mini-TCPAs

The penalties for violating mini-TCPAs enforced by each state can be severe. They can include monetary fines and private rights of action, which grant people the authority to take legal action and seek damages for legal violations.

These fines can range from USD$500 to USD$20,000 per violation, not including legal fees.

Best practices for sending text messages

While you should always consult a laywer, 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.
  • Don’t send messages during quiet hours.
  • Clearly include your sender name in each message.
  • Offer subscribers a straightforward way to opt out of further messaging using an opt-out keyword or an unsubscribe link.
  • For Florida and Oklahoma, include a call-back number that will reach a human being.

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

Simplify explicit consent with custom sign-up forms, opt-out keywords, and double opt-in. 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 and start running your campaigns and automated flows with confidence.

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