TCPA Text Messages Compliance Guide — ActiveProspect (2026)

ActiveProspect's practitioner guide on TCPA compliance for SMS marketing, covering 2026 regulatory updates.

Key facts surfaced (2026-05-05):

• One-to-one consent rule effective January 26, 2026: consent may not be shared across brands or sold to third parties; each sender must obtain its own consent from each consumer.
• Prior Express Written Consent (PEWC) required for marketing SMS; must clearly state the consumer agrees to receive marketing messages.
• Opt-out must be honored via "any reasonable method" — not just STOP keyword replies; includes opt-outs via email, voicemail, or informal language. Real-time processing recommended; 10 business days is the maximum.
• Penalties: $500–$1,500 per violation (TCPA federal); class-action exposure.
• State-level SMS laws exist (~dozen states) and may be stricter than federal TCPA; state law prevails when more restrictive.
• CTIA guidelines: voluntary best practices; carriers can block campaigns or suspend accounts for violations.

Relationship to existing KG nodes:

• No existing TCPA or SMS Constraint node in the KG. The one-to-one consent rule is a material 2026 change relevant to any CDP activation use case involving SMS. Drafted as a Constraint candidate in evolution-log/2026-05-05/web-refresh.md.