TCPA (Telephone Consumer Protection Act)

Why the distinction matters

The Federal Communications Commission (FCC) enforces the TCPA and applies its consent rules to text messages. The law lets people sue for $500 per unwanted message, rising to $1,500 if the violation was willful. For a practice texting thousands of patients a month, those numbers add up fast.

Consent rules depend on the message. Informational healthcare texts, like appointment reminders, generally need prior express consent, which a patient often gives by sharing a cell number with the practice. Marketing texts need prior express written consent. Every text should also tell patients how to opt out, and an opt-out request has to be honored promptly.

Example

A dermatology practice starts texting a promo for a cosmetic service to its whole patient list. Those patients agreed to appointment texts, but none signed consent for marketing. Under the TCPA, that promo needs written consent first, so the practice pulls the campaign and adds a marketing opt-in line to its intake form.