TCPA Compliance Guide for Restaurant SMS Marketing

For restaurant owners leveraging SMS marketing, understanding the Telephone Consumer Protection Act (TCPA) isn't just good business practice—it's essential to avoid potentially devastating legal consequences. This guide will walk you through the key TCPA compliance requirements for your restaurant's text message marketing.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 to protect consumers from unwanted telemarketing calls. Over the years, its scope has expanded to include text messages and automated messaging systems. For restaurants using SMS marketing, TCPA compliance is mandatory and violations can result in penalties ranging from $500 to $1,500 per violation.

Key TCPA Requirements for Restaurant SMS Marketing

1. Get Express Written Consent

Before sending any marketing text messages to customers, you must obtain "express written consent." This doesn't necessarily mean a physical signature—it can be electronic, but it must be clear and conspicuous.

For restaurants, this consent typically happens when:

• A customer signs up for your SMS program through a keyword text
• They complete an opt-in form on your website
• They check a clearly labeled box when making a reservation
• They provide their phone number on a physical sign-up form in your restaurant

Important: The consent language must clearly state that:

• The person agrees to receive text messages
• The messages may be sent using an automated system
• Consent is not required to purchase goods or services
• Message and data rates may apply

2. Maintain Clear Opt-Out Instructions

Every text message you send should include simple instructions on how to opt out, typically by replying with "STOP" or "UNSUBSCRIBE." When a customer opts out, you must:

• Immediately confirm their opt-out with a final message
• Stop sending them marketing messages permanently
• Maintain records of their opt-out status

3. Honor Opt-Outs Immediately

Once a customer opts out, you must honor this request immediately. Continuing to send messages after an opt-out is a clear TCPA violation and grounds for legal action.

4. Send Messages Only During Reasonable Hours

While there's no specific "do not text" time restrictions in the TCPA (unlike for phone calls), it's best practice to limit your restaurant's text messages to between 8 AM and 9 PM in the recipient's local time zone.

5. Keep Detailed Records

Maintain comprehensive records of:

• When and how consent was obtained from each customer
• The exact language used in your consent disclosures
• All text messages sent, including content and timestamps
• Opt-out requests and when they were processed

These records are your first line of defense in case of a TCPA lawsuit.

Restaurant-Specific TCPA Compliance Strategies

Reservation Reminders

When sending reservation reminders via text:

• Ensure they're purely informational, not promotional
• Don't include marketing messages about specials or promotions
• Get separate consent for marketing messages

Special Offers and Promotions

For promotional texts about your restaurant:

• Only send to customers who have explicitly opted in for marketing messages
• Clearly identify your restaurant in each message
• Include opt-out instructions in every text

Loyalty Programs

If your restaurant uses an SMS-based loyalty program:

• Get specific consent for loyalty program texts
• Clearly explain the frequency of messages
• Don't exceed the stated frequency

Common TCPA Compliance Mistakes Restaurants Make

1. Using Customer Phone Numbers from Reservations for Marketing

Just because a customer provided their phone number for a reservation doesn't mean you can start sending them marketing texts. Each specific use requires separate consent.

2. Purchasing Phone Number Lists

Buying phone number lists or using numbers gathered for other purposes is a direct TCPA violation. Each number in your marketing database must have provided direct consent.

3. Not Documenting Consent

Simply having a consent checkbox isn't enough—you need to maintain records of when and how each customer provided consent.

4. Ignoring Opt-Out Requests

Some restaurant SMS systems don't properly process opt-out keywords beyond "STOP." Make sure your system recognizes variants like "CANCEL," "UNSUBSCRIBE," or even misspelled versions.

5. Sending Too Many Messages

While not explicitly a TCPA violation, sending too many messages can lead to opt-outs and complaints. Be respectful of your customers' inboxes.

What to Do If You Receive a TCPA Complaint

If you receive a TCPA complaint:

1. Take it seriously, even if it seems minor
2. Immediately stop sending messages to the complainant
3. Gather all documentation related to their consent and messaging history
4. Consult with a legal professional familiar with TCPA regulations
5. Review your overall compliance practices to prevent future issues

Conclusion

TCPA compliance is not optional for restaurants using SMS marketing. By implementing proper consent mechanisms, honoring opt-outs, and maintaining detailed records, you can enjoy the benefits of text message marketing while avoiding costly legal pitfalls.

Remember that TCPA regulations continue to evolve, so stay current with changes and work with experienced SMS marketing providers who prioritize compliance. The investment in proper compliance practices is minimal compared to the potential cost of violations.