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2025 Campaign Compliance Guide

Political Campaign Texting Laws:
TCPA & FEC Compliance

Navigate federal TCPA consent requirements, FEC disclosure mandates, and state campaign finance regulations to deploy compliant political SMS programs avoiding violations and class-action litigation exposure.

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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.

Critical Distinction: Political voice call exemptions do NOT extend to text messaging. Campaigns texting voters without proper consent face identical TCPA liability as commercial telemarketers, with statutory damages of $500-$1,500 per message and aggregate class-action exposure reaching millions.
Primary Vulnerability:
Express consent violations from peer-to-peer texting misconceptions
Secondary Risk:
FEC disclosure omissions triggering campaign finance violations
Tertiary Exposure:
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
Violation Risk: Political campaign violations combine TCPA statutory damages ($500-$1,500 per message) with carrier-level traffic blocking and sender suspension. Non-compliance exposes campaigns to class-action litigation, FEC enforcement actions, and state campaign finance penalties. Aggregate liability from systematic violations can reach millions in damages plus legal defense costs.

Ensure Political Campaign Compliance

MyTCRPlus Political Campaign Solution provides FEC-aligned consent templates, TCR registration guidance, and carrier-approved documentation libraries.

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Political 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.

  1. 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 instructions
    FEC Component: Paid-for disclaimer ("Paid for by [Committee Name]") and candidate authorization statement embedded in consent flow
    Documentation: Timestamp, IP address, consent language version, and user response stored for 4+ years
    Example 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. 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 verification
    Brand Vetting: Political campaigns undergo enhanced vetting including FEC database cross-reference and state registration validation
    Timeline: Special use case approval typically requires 3-5 business days for manual review due to enhanced documentation requirements
  3. 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 filters
    Prohibited Content: Carriers block political messages containing hate speech, voter intimidation, or misleading information about voting procedures
  4. 4

    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 delivered
    Keyword Recognition: System recognizes STOP, UNSUBSCRIBE, CANCEL, END, QUIT, and common variations/misspellings
    Suppression Maintenance: Opted-out numbers remain suppressed throughout campaign cycle and transfer to subsequent campaigns from same entity
  5. 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 URL
    Message Logs: Full message content, recipient number (hashed for privacy), delivery timestamp, carrier response codes
    Retention Period: 5 years minimum covering TCPA statute of limitations (4 years) plus FEC recordkeeping mandates (3 years post-election)

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.

Phase 1

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
Timeline: 5-7 business days
Phase 2

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
Timeline: 3-5 business days (manual review)
Phase 3

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
Timeline: Ongoing throughout campaign

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

Legal Disclaimer: This content provides general information about political campaign SMS compliance requirements and does not constitute legal advice. Compliance obligations vary based on campaign structure, message content, recipient jurisdiction, and applicable federal and state regulations including TCPA, FEC requirements, and state campaign finance laws. Organizations should consult qualified legal counsel for guidance specific to their political messaging programs. MyTCRPlus does not provide legal advisory services or regulatory representation. Use of this information does not create attorney-client relationship or guarantee regulatory compliance.
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