Informational vs Promotional Calls and Texts: Understanding the TCPA Rules

TCPA informational text messages rules to know

Businesses often rely on calls and texts to communicate with customers. Understanding how TCPA informational text messages differ from promotional messages is essential for compliance with the Telephone Consumer Protection Act (TCPA).

The TCPA establishes different rules for informational and marketing communications, particularly when automated technology is used.

Understanding informational calls and texts

Informational communications are designed to provide updates or important information without promotional intent.

Common examples include:

• Appointment reminders confirming scheduled services
• Delivery notifications providing shipment updates
• Emergency alerts about urgent situations such as severe weather
• Account security messages related to account activity or potential issues

These types of messages are generally considered informational as long as they do not include marketing content.

TCPA requirements for informational text messages and calls

While the TCPA primarily regulates telemarketing, it also defines rules for informational communications. There are two key requirements to understand:

1. Autodialed calls and text messages to cell phones

Informational calls or texts sent using an autodialer (ATDS) to a mobile phone require prior express consent.

This means:

• The consumer must provide their phone number directly to the business.
• The number cannot be obtained through third-party sources or data appends.
• Consent is tied to the context in which the number was provided.

For example, when a consumer provides their phone number during a service sign-up process, this may constitute prior express consent for informational communications.

Unlike marketing messages, informational messages do not require written consent or extensive disclosures.

2. Prerecorded messages to landlines

Informational calls to residential landlines using a prerecorded or artificial voice may be permitted without prior consent if they:

• Are non-commercial
• Do not include unsolicited advertising

Key considerations for TCPA compliance

To meet TCPA requirements for text messages, businesses should follow three core practices.

1. Obtain prior express consent

Ensure that phone numbers used for informational communications are provided directly by the consumer.

Avoid using numbers obtained from external sources, as this may not meet TCPA consent standards.

2. Provide clear identification

Each message should clearly state:

• The caller’s name
• The business or entity sending the message
• A valid contact number or address

3. Honor opt-out requests

Businesses must promptly process and honor requests to stop receiving communications.

• Apply opt-outs to both informational and marketing messages
• Maintain records of opt-out requests for at least five years

Under updated FCC rules effective April 2025, businesses must process and honor opt-out requests within 10 business days, replacing the previous 30-day timeframe.

Avoid mixing informational and promotional content

Combining informational and promotional content can change how a message is classified under the TCPA.

If promotional content is included, the message may be subject to stricter TCPA opt-in requirements, including prior express written consent.

The distinction between informational and promotional messages is critical under the TCPA. This table highlights the key differences and how they impact compliance requirements.

Informational vs. promotional TCPA messages

For example:

• Informational message:
  “Your appointment is confirmed for March 3 at 10 a.m.”
• Promotional message:
  “Your appointment is confirmed for March 3 at 10 a.m. Check out our new services at a discount.”

Even a small promotional addition can shift the message into a different regulatory category.

Understanding the difference between informational and promotional communications helps businesses:

• Apply the correct level of consent
• Reduce compliance risk
• Avoid unintended violations
• Misclassifying a message can expose organizations to regulatory scrutiny and potential liability under the TCPA.

If you’re unsure, use this quick rule to determine whether your message is informational or promotional:

• If your message only provides updates or necessary information, it is informational.
• If your message includes any offer, discount or marketing language, it is promotional.
• If there is any ambiguity, treat the message as promotional and follow TCPA opt-in requirements.

Staying informed on TCPA requirements

TCPA rules and interpretations continue to evolve through regulatory updates and legal decisions. Staying informed on TCPA informational text messages and broader compliance requirements helps organizations adapt and maintain compliant communication practices.

How Wipfli can help

Wipfli helps organizations evaluate and strengthen their TCPA compliance programs, including how informational and promotional communications are managed.

Our services include:

• Compliance assessments and gap analysis
• Consent and communication process design
• TCPA requirements for text messages and call programs
• Opt-in and opt-out process evaluation
• Ongoing advisory and regulatory support

Learn more on our TCPA marketing compliance services web page