Recent SMS Regulations: What Every Law Firm Should Know

by Stephanie Koehler | November 13, 2023

SMS Messaging: A Way for Firms to Connect


Text messaging is a powerful tool for connecting personal injury law firms with their clients. Firms can use text messages to communicate case updates, follow up on leads, solicit reviews, and share information. But before starting text message campaigns, it’s important to understand how messaging consent works, as well as the differences between promotional and transactional messages.


Keep records of your contacts’ consent and make it easy to stop getting messages. Always adhere to the most recent Telephone Consumer Protection Act (TCPA) guidelines—conduct regular audits to ensure you’re current with changing standards.


New Compliance Rules


New regulations aim to bolster message quality and reduce spam. Make sure you understand and comply with these rules to maintain trust and avoid potential legal issues.


Register with The Campaign Registry


Registration reduces the risk of your messages being flagged as spam so more of your clients receive them.

  • Submit a registration form, undergo brand verification to ensure the authenticity of your business, and have your text messaging use cases reviewed.
  • Registration can take up to 30 days and includes a one-time fee ($19), plus a monthly fee ($1.50), based on your messaging volume.


Maintain Records of Do-Not-Call Requests

Store records of all messages and any do-not-call requests for at least five years. Ensure contacts can easily opt out of your messages. Always monitor feedback.


Understand Your Firm’s Use Cases and Message Types


Firms can use text messaging to streamline confirming appointments, providing case updates, and automating client intake processes. This approach can reduce mistakes and ensure timely notifications. Required consent differs for transactional versus promotional messages, so it’s important to understand which category your firm’s messages fall into.


Promotional Messages: These are messages that market your services or offer promotions. Explicit written consent is required for these.


Transactional Messages: These are essential to a service the client has already agreed to. Examples include case updates or appointment reminders. Oral consent can suffice for these messages, but written consent is always the safest option.


Key Terms


  • Telephone Consumer Protection Act (TCPA): A 1991 law enacted by Congress to restrict telemarketing calls and automatic telephone dialing systems, including text messaging.
  • The Campaign Registry (TCR): An organization that ensures compliance with new text messaging standards.
  • A2P 10DLC: Refers to “Application to Person Ten Digit Long Code,” a system that allows businesses to send messages from ten-digit numbers.


Further reading for firms using CallRail, see their Text Messaging Compliance Overview


Compliance with SMS messaging regulations is crucial, not just for legal reasons but to maintain a strong, trusting relationship with your clients. Stay informed and operate within the guidelines to leverage the full potential of automated SMS messaging.


Disclaimer: The content in this blog offers an overview of SMS regulations under the TCPA. It’s not comprehensive legal advice. Always refer to the most current TCPA rules and consult with legal professionals for specific guidance.