Direct answer
Retailers can legally text customers, but marketing texts require the customer's express written consent, every recipient must be able to opt out by replying STOP, and messages can only be sent between 8am and 9pm in the recipient's timezone. TCPA damages run $500 per text, and up to $1,500 for willful violations, so consent tracking isn't optional.
Customer texting is incredibly effective for retail follow-ups, but it comes with legal requirements. The Telephone Consumer Protection Act (TCPA) sets strict rules about who you can text, when, and how. Violations carry statutory damages of $500 per text, tripled to as much as $1,500 per text for willful or knowing violations. RetailGenie helps you stay compliant, but you need to understand the basics.
What is the TCPA?
The TCPA is a federal law that regulates telemarketing calls and text messages. For retail businesses, the key rules are: you need consent before sending marketing texts, you must honor opt-out requests immediately, and you can't send texts before 8am or after 9pm in the recipient's timezone.
Types of Consent
- Express Written Consent: Required for marketing/promotional texts. Customer must actively agree (sign a form, check a box, text a keyword to opt in).
- Express Consent: Sufficient for transactional texts like delivery notifications, order updates, and appointment confirmations. Given when a customer provides their phone number in the context of a transaction.
- Prior Business Relationship: NOT sufficient on its own for texting. Just because someone bought from you doesn't mean you can text them promotions.
A customer giving you their phone number at checkout is NOT express written consent for marketing texts. You need a separate, clear opt-in for promotional messages.
How RetailGenie Handles Consent
RetailGenie tracks consent status on every customer record. When a customer opts in (via your website, in-store form, or text keyword), the system records the date, method, and scope of consent. When you try to text a customer without proper consent, the system will warn you.
Transactional vs. Marketing Messages
Understanding the difference is critical:
- Transactional (lower consent bar): 'Your mattress delivery is scheduled for Tuesday 10am-12pm.' / 'Your appliance is ready for pickup.' / 'Your furniture order has shipped.'
- Marketing (requires written consent): 'Our Memorial Day sale starts Friday. 40% off all mattresses!' / 'New living room sets just arrived. Come see them this weekend!'
Handling Opt-Outs
When a customer replies STOP (or any variation), RetailGenie automatically flags their record and prevents any future texts. You cannot manually override this flag. If a customer later wants to opt back in, they must do so actively. You cannot re-enroll them yourself.
Record Keeping
RetailGenie automatically maintains the records you need for TCPA compliance: consent records (who, when, how), complete message logs, opt-out records and timestamps, and delivery confirmations. These records should be retained for at least 5 years.
When in doubt, don't text. A missed marketing opportunity is far cheaper than a TCPA violation. Focus your texting on customers who have clearly opted in, and make your transactional texts genuinely useful.
Frequently asked questions
Can I text customers who gave me their phone number at checkout?
Only with transactional messages like delivery updates or pickup notifications. A phone number collected at checkout is not express written consent for marketing. Promotional texts need a separate, active opt-in (a signed form, a checked box, or a keyword opt-in).
What's the difference between transactional and marketing texts?
Transactional texts relate to an existing order (delivery windows, pickup notices, shipping updates) and only need express consent. Marketing texts promote sales or products and require express written consent. 'Our Memorial Day sale starts Friday' is marketing; 'Your mattress arrives Tuesday 10-12' is transactional.
What happens when a customer replies STOP?
RetailGenie automatically flags the record and blocks all future texts to that customer. The flag can't be manually overridden. The customer has to actively opt back in themselves before texting can resume.