Text messaging can be an effective way for nonprofits to engage supporters, promote events, and raise funds. However, there are legal boundaries that organizations need to follow when texting donors, volunteers, or other contacts, particularly those set forth in the federal Telephone Consumer Protection Act (TCPA). This guide breaks down the key rules and best practices to keep your organization compliant.
When Is It Okay for Nonprofits to Send Text Messages?
Nonprofits are allowed to send non-commercial text messages—such as event reminders, program updates, or donation appeals—if the recipient has given general permission to be contacted by phone. This type of permission, known as “implied consent,” is usually obtained when someone voluntarily provides their phone number during interactions like registering for an event, filling out a donation form, or speaking with a staff member, and agrees to be contacted at that phone number.
The nonprofit may rely on this implied consent as long as the message relates to the organization’s charitable mission. It also applies to third parties acting on behalf of the organization, so long as the texts remain non-commercial in nature (e.g., no promoting the sales of goods or services unrelated to the organization’s mission).
What About the National Do Not Call Registry?
While for-profit businesses are barred from contacting individuals listed on the National Do Not Call Registry, tax-exempt nonprofits are generally allowed to do so, provided they are sending non-commercial messages and have obtained implied consent. This is one area where nonprofits have greater flexibility than businesses.
Opt-Out Requirements
Nonprofits must include a way for recipients to opt out of future messages. Opt-out instructions should be provided when first contacting the individual, and again at regular intervals (guidelines suggest providing opt-out instructions at least once per month). The process must be automated and interactive—for example, allowing someone to unsubscribe by replying “STOP.”
Once someone opts out, the organization is required to honor that request within 10 business days. Failing to do so could result in legal liability.
Best Practices to Stay Compliant
Even when operating within the bounds of the law, nonprofits can take additional steps to protect their reputation and maintain supporter goodwill. To that end, it’s wise to:
- Clearly identify the organization in every message.
- Keep accurate records of how and when consent was obtained and opt-out activity.
- Avoid texting recipients before 8:00 a.m. or after 9:00 p.m. in their local time zone.
- Conduct periodic reviews of your texting practices to ensure they align with current TCPA guidance.
- Consider implementing a double opt-in process. While not required by law, it adds an extra layer of clarity and consent by asking the individual to confirm their interest, often by replying “YES”, before receiving messages.
International Considerations
The U.S. has relatively relaxed texting rules compared to many other countries. If your organization communicates with individuals outside the United States, it’s essential to be aware that most jurisdictions require explicit opt-in consent before sending any text messages. Be sure to review applicable laws and adjust your practices accordingly.
Conclusion
Texting can be a valuable tool for nonprofit engagement—but only when done thoughtfully and lawfully. By understanding the rules around consent, honoring opt-out requests promptly, and adopting a few sensible best practices, your organization can use texting to build stronger relationships and further its mission, without crossing legal lines.
Let your messages do good, not cause trouble.
