Text Message Consent Compliance: Why It Matters More Than Ever

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Why Consent Matters More Than Ever in Client Messaging (And What Recent Court Rulings Tell Us)

When it comes to texting your clients, most businesses believe they’re playing it safe—especially if they’re just sending informational messages. But recent legal developments are sending a clear message: consent is everything, and even well-meaning texts can get you in trouble if they’re not backed by the right kind of permission.

Let’s take a closer look at what happened, why consent matters more than ever, and how TLD helps you stay compliant.

The Legal Wake-Up Call: Informational Texts ≠ Automatically Safe

In a recent court case reported by The National Law Review and TCPAWorld, a Florida business thought it was sending a helpful message to a customer:

“We are here for you! Call us at XXX-XXX-XXXX if you have any questions or concerns.”

No promo codes, no product pitch—just support.

But the court ruled that even this type of message could be interpreted as a solicitation, which under the TCPA requires prior express written consent. The fact that it included a business phone number was enough to trigger concern.

The Big Lesson: Consent Isn’t Just a Checkbox—It’s Your Safety Net

In today’s compliance environment, consent isn’t a formality—it’s a legal shield.

You need to:

  • ✅ Clearly explain what kind of messages users are signing up for.

  • ✅ Get written consent—not just verbal agreement or implied permission.

  • ✅ Confirm the opt-in with a second step (double opt-in) to ensure clarity and reduce risk.

Even if your messages are friendly or service-related, courts are increasingly scrutinizing whether the recipient knowingly and explicitly agreed to receive them.

How TLD Helps You Stay Consent-Ready and Compliant

At TLD, we understand how easy it is to unintentionally blur the lines between informational and promotional messaging. That’s why we’ve built our CRM and dialer platform to help you:

  • Capture written consent through customizable opt-in forms and compliant lead workflows.

  • Implement double opt-in via automated confirmation texts or emails, reducing the risk of accidental or uninformed signups.

  • Store all consent records securely, so you’re prepared in case of a compliance review or legal challenge.

  • Lean on our support team—we’re here to help you set up everything from consent flows to compliant scripts.

A Quick Note on 10DLC

While not the main focus here, 10DLC registration (used for sending text messages via 10-digit long codes) is still an important piece of the compliance puzzle. Many carriers require verified opt-ins before approving your campaign. That makes your consent process not just a legal necessity, but a practical one too—without it, your messages might not get delivered at all.

Final Thoughts

In short: if you’re texting clients or leads, the best protection you can have is clear, documented, double-confirmed consent.

Even messages with the best intentions can be misinterpreted—and that’s where businesses can face fines, lawsuits, or blocked campaigns.

With TLD, you don’t have to guess whether your process is compliant. We make it easy to build trust with your audience while staying fully protected.

Need help updating your opt-in flows or confirming your current process is up to code?
Visit www.tldcrm.com to learn how our tools and team can support you.