SMS & TCPA Compliance Glossary

Plain-English definitions of the terms that come up when you text or voicemail sales leads — consent, quiet hours, EBR, ringless voicemail, A2P 10DLC, and more.

This is a general summary, not legal advice.

TCPA

The Telephone Consumer Protection Act (1991), the federal law governing automated calls, texts, and ringless voicemail to consumers. It is enforced by the FCC and through a private right of action of $500 per violation ($1,500 if willful).

PEWC (Prior Express Written Consent)

The written consent the TCPA requires before sending automated marketing texts, calls, or ringless voicemail (47 CFR 64.1200(f)(9)). It must clearly disclose the marketing nature, name the seller, and not be required as a condition of purchase. A purchased lead list is not PEWC.

EBR (Established Business Relationship)

A prior relationship — generally within 18 months of a purchase or 3 months of an inquiry — that exempts you from the National Do Not Call registry. Critically, an EBR does NOT replace PEWC for automated marketing messages.

Ringless Voicemail (RVM)

A voicemail dropped directly into a recipient’s mailbox without ringing the phone. The FCC treats marketing RVM as a "call" under the TCPA, so it requires the same prior express written consent as an automated marketing call.

Quiet Hours

The window during which marketing messages may be sent. The federal default is 8 AM–9 PM at the recipient’s local time; some states (e.g. Florida, Louisiana) are stricter at 8 AM–8 PM.

A2P 10DLC

Application-to-Person 10-Digit Long Code registration — the carrier program US businesses must complete (brand + campaign) before sending business SMS to US mobile numbers, to avoid filtering.

FTSA

The Florida Telephone Solicitation Act (Fla. Stat. 501.059), a state "mini-TCPA" that covers SMS and ringless voicemail, caps contact at 3 per 24 hours on the same subject to the same number, and sets 8 AM–8 PM quiet hours.

DNC (Do Not Call)

Registries of numbers that may not be called/texted for marketing. The National DNC Registry must be scrubbed at least every 31 days; many states maintain their own lists. A company-specific opt-out (STOP) overrides any EBR.

STOP / Opt-Out

A recipient’s revocation of consent. Under FCC 24-24, consumers may revoke by any reasonable means; STOP/CANCEL/QUIT and similar replies are per se reasonable and must be honored across every channel within 10 business days.

Storm-Solicitation Ban

State restrictions on contractors/public adjusters soliciting insurance-claim work. Real restrictions exist in Florida (489.147, year-round), Texas (4102.163/4102.151), and Louisiana (45:844.11, during declared emergencies); they do not apply to solar.