Policy statement

Florida Messaging Service, Inc.

Text Messaging Compliance Policy

Effective Date: November 2025

Policy Owner: Compliance Officer / Digital Postmaster

Governing Law: TCPA (47 U.S.C. § 227); FCC Rules (47 C.F.R. § 64.1200); CTIA Messaging

Principles & Best Practices.

1. Purpose and Scope

This policy establishes lawful procedures for sending text messages (SMS/MMS) under U.S. law,

focusing on consent, permissible content categories, and required consumer disclosures. It

applies to all departments, contractors, and vendors transmitting text messages on behalf of

government entities, political campaigns, and nonprofit organizations.

2. Regulatory Framework

The Telephone Consumer Protection Act (47 U.S.C. § 227) and FCC Rules (47 C.F.R. § 64.1200)

regulate text messaging to mobile devices using automated systems. Texts are treated as “calls”

under the TCPA. The FCC and CTIA require consent, identification, and opt-out mechanisms.

CAN-SPAM governs email, not SMS.

3. Consent Standards

• Commercial/Telemarketing: Prior express written consent (PEWC) required. •

Transactional/Informational: Prior express consent sufficient when the recipient provides their

number for that program. • Emergency messages are exempt. • Political/Nonprofit: Same consent

rules apply; peer-to-peer may differ but must honor STOP requests.

4. Governmental Messaging

Government agencies may send informational texts to participants who have listed their mobile

numbers on applications, if messages directly relate to that program. Example: “Indian River

County Benefits Office: You may receive important updates about your benefits by text. Msg &

data rates may apply. Reply YES to get alerts, or STOP to opt out.”

5. Political Messaging

Political entities must obtain prior express written consent before sending automated campaign

texts. Consent can be gathered via form, petition, or text-initiated opt-in. Example: “Friends of

Wedley Davis: Get text updates about our campaign. By replying YES, you agree to receive

automated messages. Msg & data rates may apply. Reply STOP to end.”

6. Nonprofit Messaging

Nonprofits may send informational messages to members or donors who provided their numbers,

provided they do not include fundraising solicitations without express written consent. Example:

“Community Action Network: We’d like to text you updates about local programs. Reply YES to

receive info. Msg & data rates may apply. Reply STOP to opt out.”

7. Required Message Disclosures

Each initial message must identify the sender, purpose, and include: “Msg & data rates may

apply,” “Reply STOP to opt out,” and “HELP for info.” Frequency disclosures (e.g., “Up to 4

msgs/mo”) are recommended.

8. Record-Keeping

Maintain consent logs, message archives, and opt-out data for four years. Vendors must confirm

suppression lists are maintained to honor STOP requests promptly.

9. Enforcement and Review

Violations may result in penalties of $500–$1,500 per message under TCPA. The Compliance

Officer will review this policy annually or upon new FCC guidance.

10. References

47 U.S.C. § 227 (TCPA) 47 C.F.R. § 64.1200 (FCC Rules) FCC Declaratory Rulings (2012, 2015,

2023–2025) CTIA Messaging Principles & Best Practices (2023) CAN-SPAM Act (15 U.S.C. §

7701) for email reference only

PostmasterOfFlorida.com

Authorized Officer, Florida Messaging Service, Inc.

Date: 11/4/25