Texting is a great way to communicate with your constituents, but federal law requires this be done in a specific manner, and part of getting started and onboarding for texting may require you to provide specific links and documentation on how you're compliant.
📱 SMS Solicitation Laws & Requirements in the U.S.
When schools send text messages to constituents—whether for fundraising, event reminders, or participation drives—they must follow a few important laws and industry rules. These regulations are designed to protect recipients from unwanted messages, and following them helps your school build trust and avoid legal issues.
Here’s what you need to know:
1. Get Clear Consent (Opt-In Required)
Before texting anyone, you need their permission.
This is required under the Telephone Consumer Protection Act (TCPA). There are two main types of consent:
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Informational texts (like event reminders): You need express consent, which can be given by someone providing their phone number for that purpose.
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Marketing or solicitation texts (like donation asks): You need prior express written consent. This is more strict. It means:
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The recipient clearly agreed (in writing or electronically).
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You told them they’ll receive texts for solicitation purposes.
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The agreement was not a condition of a purchase or donation.
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✅ Tip: Always include a checkbox during signup forms or event RSVPs asking if the person wants to receive SMS communications about giving opportunities.
During onboarding you are required to provide documentation via link (or screenshots if it’s behind a login) to your Opt-In form.
Your Opt-In form must have the following:
- A description of the messages that will be sent. What will they be contacted about?
- Delivery frequency or recurring messages disclosure ("4 messages per month", "Message frequency varies", "1 message per login", "occasional messages" etc)
- Contact information for your organization
- Opt out instructions (typically "Text STOP to cancel")
- A link to your Privacy Policy
- A link to Terms and Conditions
- A checkbox option that end-users must select in order to receive SMS messaging (The checkbox can not be pre-selected). The checkbox provides the end-user the ability to agree, or not agree, to receive SMS messaging.
2. Make Opt-Out Easy
Recipients must be able to unsubscribe at any time. GiveCampus makes this easy, there are details about the build in opt-out functionality
3. Identify Yourself Clearly
Every message should:
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Say who it’s from (e.g., “Country Day Academy”)
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Be relevant to the recipient
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Avoid being misleading or deceptive
4. Time Your Texts Appropriately
Avoid texting early in the morning or late at night. Under TCPA guidelines, texts should be sent between 8:00 a.m. and 9:00 p.m. local time of the recipient.
5. Respect State-Specific Laws
Some states (like Florida and Oklahoma) have additional rules, including limits on:
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How many messages can be sent per day
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Use of auto-dialing technology
If you are contacting people in multiple states, follow the most restrictive rule to stay compliant.
6. Follow Carrier and CTIA Guidelines
Carriers (like Verizon and AT&T) and the CTIA (an industry group) also enforce rules such as:
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Avoiding prohibited content (e.g., SHAFT: sex, hate, alcohol, firearms, tobacco)
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Do not use obfiscated links in your texts, such as bit.ly. These are often blocked as spam.
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Ensuring opt-in records are maintained
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Avoiding high spam/complaint rates
Failure to follow these can result in messages being blocked by carriers.
7. Maintain Consent Records
Keep a log of:
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How and when each person gave consent
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Any opt-out requests
This helps demonstrate compliance if it’s ever questioned.
🛡️ Summary: Do This Every Time
✔️ Get proper opt-in consent (written for marketing)
✔️ Identify your school in every message
✔️ Provide an easy opt-out method
✔️ Text only at appropriate hours
✔️ Track and honor all opt-ins and opt-outs
✔️ Follow carrier and CTIA rules
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