TCPA Consent and Quiet Hours for GoHighLevel SMS Campaigns (2026)

In short

The Telephone Consumer Protection Act (TCPA) is a US federal law that restricts automated calls and texts. Sending marketing SMS or automated calls without proper consent can result in fines of $500 to $1,500 per message. For SMS through GoHighLevel, you need express written consent collected before you send the first marketing text. Quiet hours rules limit contact to 8 AM to 9 PM in the recipient's local time zone. This guide covers the consent language, collection methods, and GoHighLevel workflow settings to stay compliant.

• Marketing texts require express written consent; transactional texts require implied consent at minimum.
• Do not send SMS or make automated calls outside 8 AM to 9 PM local time for the recipient.
• A consent form without opt-out instructions and your business name is not TCPA-compliant.

What does TCPA cover and who does it apply to?

The Telephone Consumer Protection Act (TCPA) was passed in 1991 and has been updated several times since. It applies to automated telephone calls, pre-recorded voice messages, and text messages sent using automated systems. If you use GoHighLevel to send bulk SMS or run automated call workflows, TCPA applies to you.

TCPA applies to any business contacting US-based phone numbers, regardless of where the business is located. If you are a Canadian agency with US clients, your US campaigns must still follow TCPA.

The FCC (Federal Communications Commission) enforces TCPA at the federal level, but state attorneys general and private plaintiffs can also bring cases. TCPA has a private right of action, which means consumers can sue directly without going through a government agency. Class action lawsuits under TCPA have resulted in settlements in the tens of millions of dollars.

This guide covers general guidance, not legal advice. For specific legal questions about your campaigns, consult a licensed attorney.

What is the difference between express and implied consent?

Express written consent means the person signed something (digital is fine) that clearly agrees to receive automated marketing messages from you. The agreement must include your business name, state they are agreeing to receive SMS, and include a disclosure that message and data rates may apply.

Implied consent is a lower standard. It applies when there is an existing business relationship. For example, if a customer booked a service with you, sending them a transactional text (appointment confirmation, payment receipt) is generally covered by implied consent. Sending them a promotional offer is not.

The FCC tightened consent rules in 2024. One key change: a consumer's consent to one company does not transfer to another company. If you buy a lead list where contacts supposedly opted in to "marketing partners," that consent does not cover your texts to them. You need fresh consent for your business specifically.

What consent language do you need to collect?

A TCPA-compliant consent checkbox or statement should include all of these elements: your legal business name, a clear statement that the person agrees to receive automated marketing text messages, the frequency of messages (or "message frequency varies"), a note that message and data rates may apply, a link to your privacy policy, a link to your terms of service, and how to opt out (by replying STOP).

Example consent language: "By checking this box, I agree to receive automated marketing text messages from [Business Name] at the phone number provided. Message frequency varies. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help. View our Privacy Policy and Terms."

The consent checkbox must be unchecked by default. A pre-checked box does not constitute valid consent under most interpretations of TCPA.

Store a record of each consent with a timestamp, the form where it was collected, the IP address, and the exact consent language that was shown. If you are ever challenged in court, this is your evidence.

How to collect and store consent in GoHighLevel

Build your opt-in form in GoHighLevel using the Forms or Surveys builder. Add a checkbox field with the full TCPA consent language as the label. Set the field as required.

Map the checkbox to a custom field in the contact record, for example sms_consent_given (yes/no). Add a custom field for sms_consent_date and populate it with the submission timestamp from the form trigger.

Create a workflow triggered by the form submission. Add a step that tags the contact as "SMS Consent" and sets the custom field values. This creates a clear audit trail inside GoHighLevel.

For GoHighLevel sub-accounts managing client businesses, each client should collect consent under their own business name, not the agency name. Consent collected for one business entity does not transfer to another.

What are TCPA quiet hours and how do you enforce them?

TCPA quiet hours for telemarketing calls are 8 AM to 9 PM in the called party's local time zone. The FCC has applied the same framework to automated text messages, though SMS quiet hours rules are still developing. Most TCPA attorneys recommend treating SMS the same as calls: 8 AM to 9 PM local time.

State laws in some states are stricter. California, Florida, and other states have their own telemarketing rules that may require shorter calling windows or earlier cutoffs. Check state-specific rules for any campaign targeting a specific state.

In GoHighLevel, you can enforce quiet hours in workflow settings. Go to your SMS workflow action and look for the "Smart Timing" or "Send within time window" option. Set the allowed window to 8:00 AM to 9:00 PM.

For contacts in different time zones, GoHighLevel uses the time zone set on the contact record when "Smart Timing" is enabled. Make sure contact records have accurate time zones. If a contact's time zone is unknown, default to the most restrictive time zone in your list (usually Eastern Time for US campaigns).

Avoid sending SMS on federal holidays, especially for business-to-consumer campaigns. While not required by TCPA, holiday SMS generates higher complaint rates, which hurts your carrier registration.

How to handle opt-outs under TCPA

TCPA requires you to honor opt-out requests immediately. If someone replies STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT, you must stop sending them marketing messages. This must happen for every keyword, not just STOP.

GoHighLevel handles STOP replies automatically at the platform level and marks the contact as unsubscribed. However, verify this is working in your account by doing a test. Send a test message to your own number and reply STOP. Check the contact record to confirm the SMS subscription status changed to unsubscribed.

Send a single confirmation text after an opt-out. The FCC allows one final message confirming the opt-out. Do not send multiple messages after an opt-out request.

Maintain a suppression list. Do not re-add opted-out contacts to SMS sequences. If a contact wants to resubscribe, they must send START or explicitly consent again through a new form submission.

Common TCPA mistakes that lead to complaints and lawsuits

Using a purchased list without fresh consent: Leads from list providers, scraped databases, or third-party sources did not consent to receive messages from your business. Texting them without fresh consent is a TCPA violation.

Not honoring opt-outs across all campaign types: A contact who opted out of one SMS workflow may still receive another if workflows are not sharing suppression lists. Use a global contact opt-out field in GoHighLevel and filter every SMS workflow by this field.

Sending after 9 PM or before 8 AM: This is one of the most common complaints and is easy to avoid with GoHighLevel's time window settings.

Missing required consent elements: A consent box that says only "I agree to receive marketing messages" without your business name, opt-out instructions, and the required disclosures is not TCPA-compliant.

Assuming verbal consent is enough: Verbal consent is not express written consent. Without a written record, you cannot prove consent if challenged.

Frequently asked questions

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