Political Campaign SMS: High-Stakes Compliance
Political campaigns deploying SMS voter outreach navigate three overlapping regulatory frameworks requiring simultaneous compliance. Text messaging represents immediate voter engagement channel reaching constituents on preferred devices, but failure to meet federal and state compliance obligations exposes campaigns to enforcement actions that can derail electoral strategy and divert resources from core campaign activities.
Unlike voice calls, where political campaigns receive exemptions from Do Not Call Registry and automated dialing restrictions, SMS communications fall under strict TCPA consent mandates. Campaigns must obtain express written consent before sending text messages, implement carrier-approved opt-in mechanisms, and maintain comprehensive consent documentation throughout the campaign cycle.
Express consent violations from peer-to-peer texting misconceptions
FEC disclosure omissions triggering campaign finance violations
State-level campaign texting regulations varying by jurisdiction
Political Campaign Messaging Compliance Landscape
Political campaign organizations deploying SMS outreach face three overlapping regulatory frameworks requiring simultaneous adherence. Each framework addresses distinct compliance objectives with independent enforcement mechanisms and penalty structures.
TCPA (Federal)
Telephone Consumer Protection Act mandates express written consent for marketing text messages including political campaign communications.
- Affirmative action opt-in requirement
- Clear disclosure of message frequency
- Opt-out mechanism via STOP keyword
FEC Regulations
Federal Election Commission requires candidate authorization statements and paid-for disclaimers in campaign communications.
- Paid for by [Committee Name] disclosure
- Candidate authorization statement
- Committee registration and reporting
State Campaign Laws
Jurisdiction-specific regulations governing campaign communications, consent requirements, and disclosure obligations.
- State-specific consent language requirements
- Additional disclosure mandates beyond FEC
- Recordkeeping and reporting obligations
Ensure Political Campaign Compliance
MyTCRPlus Political Campaign Solution provides FEC-aligned consent templates, TCR registration guidance, and carrier-approved documentation libraries.
View Political SolutionPolitical Campaign-Specific Compliance Requirements
Political campaign SMS programs require five compliance controls addressing TCPA consent mandates, FEC disclosure requirements, and carrier-level registration protocols. Implementation following these specifications achieves 85-95% TCR approval rates and eliminates primary violation vectors.
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1
Express Written Consent with FEC Disclosure
Campaigns must obtain TCPA-compliant express written consent incorporating FEC-required disclosure language before initiating SMS communications. Consent mechanisms must use affirmative action (no pre-checked boxes), clearly state message frequency and purpose, and include paid-for disclaimer identifying sponsoring committee.
TCPA Component: Affirmative opt-in checkbox with disclosure of message frequency, carrier fees, and STOP keyword instructionsFEC Component: Paid-for disclaimer ("Paid for by [Committee Name]") and candidate authorization statement embedded in consent flowDocumentation: Timestamp, IP address, consent language version, and user response stored for 4+ yearsExample Compliant Language:
"By checking this box, I consent to receive recurring campaign SMS messages from [Candidate Name] for [Office]. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe. Paid for by [Committee Name], not authorized by any candidate or candidate's committee." -
2
TCR Brand Registration with Campaign Documentation
Political campaigns register with The Campaign Registry using Special use case designation. Registration requires FEC committee identification number (C00 number), campaign treasurer documentation, and business entity verification. Campaigns operating as independent expenditure committees or PACs follow distinct registration protocols.
Required Documentation: FEC Statement of Organization (Form 1), treasurer authorization, campaign bank account verificationBrand Vetting: Political campaigns undergo enhanced vetting including FEC database cross-reference and state registration validationTimeline: Special use case approval typically requires 3-5 business days for manual review due to enhanced documentation requirements -
3
Message Content Controls
Campaign messages must maintain carrier compliance standards while incorporating required FEC disclaimers. Carriers enforce content filtering targeting SHAFT violations (Sex, Hate, Alcohol, Firearms, Tobacco), phishing indicators, and suspicious URL patterns. Political messages require paid-for disclaimers within character-limited format.
Disclaimer Placement: FEC disclaimers must appear in each message, typically abbreviated for SMS character limits (e.g., "Pd by [Committee]")URL Requirements: Campaign URLs require domain ownership verification and cannot use URL shorteners triggering carrier spam filtersProhibited Content: Carriers block political messages containing hate speech, voter intimidation, or misleading information about voting procedures -
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Opt-Out Processing Infrastructure
Campaigns must process STOP keyword opt-out requests within seconds and maintain suppression lists preventing message delivery to opted-out recipients. TCPA requires immediate cessation of messaging following opt-out request, creating technical implementation requirements for real-time list updates.
Response Timing: STOP requests processed within 5 seconds, confirmation message sent immediately, no additional messages deliveredKeyword Recognition: System recognizes STOP, UNSUBSCRIBE, CANCEL, END, QUIT, and common variations/misspellingsSuppression Maintenance: Opted-out numbers remain suppressed throughout campaign cycle and transfer to subsequent campaigns from same entity -
5
Recordkeeping and Audit Documentation
Political campaigns maintain comprehensive records documenting consent capture, message content, delivery timestamps, and opt-out processing. Documentation supports TCPA class-action defense, FEC reporting requirements, and carrier audit requests.
Consent Records: Timestamp, IP/device identifier, consent language version, checkbox state, privacy policy URLMessage Logs: Full message content, recipient number (hashed for privacy), delivery timestamp, carrier response codesRetention Period: 5 years minimum covering TCPA statute of limitations (4 years) plus FEC recordkeeping mandates (3 years post-election)
Consent Management for Political Campaigns
Political campaign consent mechanisms integrate TCPA express written consent requirements with FEC disclosure mandates. Consent capture occurs through campaign website forms, rally sign-ups, volunteer recruitment, and advocacy petitions. Each consent touchpoint must implement identical compliance controls ensuring regulatory adherence.
Required Consent Elements
Political campaign consent language incorporates seven mandatory elements addressing TCPA, FEC, and carrier requirements. Consent forms omitting any element face carrier rejection and TCPA liability exposure.
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Campaign Identification: Candidate name, office sought, and sponsoring committee clearly stated
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Message Purpose Statement: Disclosure that subscriber will receive campaign updates, fundraising appeals, volunteer recruitment, or GOTV messages
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Frequency Disclosure: Approximate message volume ("Message frequency varies" or "Up to 5 msgs/week during campaign season")
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Carrier Fee Warning: Standard "Message and data rates may apply" disclosure
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Opt-Out Instructions: Clear statement that subscriber can reply STOP to unsubscribe at any time
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FEC Paid-For Disclaimer: "Paid for by [Committee Name]" with authorization statement if applicable
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Privacy Policy Reference: Link to campaign privacy policy containing SMS-specific data handling provisions
Carrier Use Case Selection
Political campaigns register under Special TCR use case designation. This category provides carrier-approved pathway for political messaging while requiring enhanced documentation and vetting procedures. Special use case campaigns receive standard throughput limits (75 messages per second) with opportunity for volume increases following trust score establishment.
Implementation Roadmap
Political campaign organizations achieve compliant SMS operations in 2-4 weeks through phased deployment addressing consent infrastructure, TCR registration, and operational monitoring. Timeline assumes documented campaign structure with FEC committee registration and treasurer designation.
Consent Infrastructure
Deploy carrier-approved consent mechanisms across campaign digital properties incorporating TCPA and FEC requirements.
- Website opt-in forms with compliant language
- Rally/event sign-up sheets capturing consent
- Privacy policy with SMS data handling section
- Consent documentation database with audit trail
TCR Registration
Complete campaign brand vetting and Special use case campaign registration with supporting FEC documentation.
- Campaign entity verification with EIN
- FEC committee documentation submission
- Campaign description with use case justification
- Sample message submission with FEC disclaimers
Monitoring & Compliance
Deploy ongoing compliance monitoring systems for consent validation, message content review, and opt-out processing.
- Automated consent verification before messaging
- Message content validation for carrier compliance
- Real-time STOP keyword processing infrastructure
- Audit-ready reporting and documentation exports
Simplify Political Campaign SMS Compliance
MyTCRPlus Political Campaign Compliance Kit includes pre-validated consent templates, TCR campaign configurations, and audit-ready documentation libraries meeting TCPA and FEC requirements.
Frequently Asked Questions
Do political campaigns need separate consent for SMS?
Yes. Political campaigns require express written consent for SMS messages under TCPA despite exemptions for voice calls. The political exemption from Do Not Call Registry and automated dialing restrictions applies ONLY to voice communications.
Text messages fall under identical TCPA consent requirements as commercial marketing SMS. Consent must be obtained through affirmative action mechanisms (no pre-checked boxes), include clear disclosure of message frequency and purpose, provide opt-out instructions via STOP keyword, and incorporate FEC-required paid-for disclaimers.
Campaigns texting voters without proper consent face statutory damages of $500-$1,500 per message with aggregate class-action exposure reaching millions. This represents identical liability profile as commercial telemarketers violating TCPA.
Which TCR use case applies to political messaging?
Political campaigns use the Special TCR use case designation. This category is specifically designed for political campaign communications, advocacy messaging, and public service announcements requiring enhanced documentation and manual review processes.
Special use case registration requires FEC committee identification number, campaign treasurer documentation, business entity verification, and sample message content demonstrating compliance with carrier policies. Approval typically requires 3-5 business days due to enhanced vetting procedures.
Alternative use cases may apply in specific scenarios: Mixed/Marketing use case for campaigns including commercial merchandise sales, Public Service Announcement use case for issue advocacy without candidate endorsement. Use case selection impacts approval likelihood, throughput limits, and carrier content filtering severity.
What are the penalties for political SMS violations?
TCPA violations carry statutory damages of $500 per message for negligent violations and $1,500 per message for willful or knowing violations. Political campaigns face identical penalty structure as commercial telemarketers with no exemptions for political content.
Class-action litigation represents primary enforcement mechanism. Campaigns texting large voter lists without proper consent face aggregate liability potentially reaching millions in damages plus plaintiff attorney fees. Settlement costs typically range from hundreds of thousands to low millions depending on violation scope.
Additional penalties include: FEC enforcement actions for missing paid-for disclaimers (fines vary by violation severity), state campaign finance violations in jurisdictions with specific SMS regulations, and carrier-level consequences including traffic blocking and sender reputation damage affecting future campaigns.
Can political campaigns use standard TCPA consent language?
Political campaigns require enhanced consent language incorporating both TCPA requirements and FEC disclosure mandates. Standard commercial TCPA consent templates must be supplemented with campaign-specific elements.
Required additions include: Campaign identification (candidate name and office sought), paid-for disclaimer identifying sponsoring committee, candidate authorization statement if applicable, and purpose statement clarifying message content (campaign updates, fundraising appeals, volunteer recruitment).
Example compliant language: "By checking this box, I consent to receive campaign SMS messages from [Candidate] for [Office]. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe. Paid for by [Committee Name]. View Privacy Policy at [URL]."
How long must political campaigns retain consent records?
Political campaigns must retain consent documentation for minimum 4 years to exceed TCPA statute of limitations. TCPA class-action plaintiffs can sue for violations occurring within 4 years of filing date, requiring campaigns to maintain defensible consent records throughout this period.
FEC recordkeeping requirements mandate retention of campaign communications documentation for 3 years following election date. This covers audit requests and enforcement investigations related to campaign finance violations.
Best practice: 5-year retention period covering both TCPA statute of limitations and FEC requirements. Records should include consent timestamp, IP address or device identifier, exact consent language presented, user response, and privacy policy URL. Documentation enables defense against TCPA litigation and supports FEC audit responses.
Related Resources
Use Case Selector
Find optimal TCR category for your campaign messaging program
Consent Management
Complete consent framework with TCPA and FEC compliance templates
Political Campaign Solution
Complete compliance package for political messaging programs