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FCC regulations for political text messaging under the TCPA.

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Overview

During election seasons, there is typically an increase in texts from political campaigns. While campaign texts are exempt from National Do Not Call Registry requirements, the Telephone Consumer Protection Act (TCPA) contains specific rules for text messaging. The key distinction is whether a system qualifies as an “autodialer” under the TCPA. Systems that use random or sequential number generation are subject to strict consent requirements, while systems that send to specific, targeted contact lists are not classified as autodialers.

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What is an “autodialer”?

The Supreme Court’s ruling in Facebook, Inc. v. Duguid (2021) clarified the definition of an “automatic telephone dialing system” (autodialer) under the TCPA.
Legal Definition. To qualify as an autodialer under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.
This definition is important because only systems that use random or sequential number generation are subject to the strict “autodialer” consent requirements. Systems that send to specific, targeted contact lists (without random/sequential generation) do not meet this definition.

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Opt-out requirements (all political texts)

Regardless of whether a system qualifies as an autodialer, all political text messaging campaigns must honor opt-out requests. Recipients can revoke consent at any time and in any reasonable manner, such as:
  • Replying “STOP” to a text message
  • Requesting removal through any other reasonable method
Best Practice: Opt-out requests should be processed immediately and automatically. Maintaining a suppression list ensures opted-out contacts never receive future messages.

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When do TCPA autodialer rules apply?

The TCPA’s strict consent requirements for text messages apply specifically to systems that:
  • Use random or sequential number generation to store or produce phone numbers
  • Qualify as an “autodialer” under the Facebook v. Duguid definition
Systems that send to specific, targeted contact lists (without random/sequential generation) are not classified as autodialers and are not subject to these strict consent requirements. That said, all campaigns should follow best practices: honor opt-outs immediately, send during reasonable hours (8 AM – 9 PM), clearly identify the sender, and maintain good deliverability practices.

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Official resources