SMS reminders are one of the most effective ways to get bankruptcy clients to complete their intake and upload missing documents. They are also one of the fastest ways to generate regulatory exposure if the consent framework is not right. The Telephone Consumer Protection Act (TCPA) applies to law firms sending automated text messages, and the requirements are specific.
What TCPA requires for automated texts
For automated or autodialed text messages to cell phones, TCPA requires prior express written consent from the recipient. The consent must be clear and conspicuous, must specifically describe the types of messages to be sent, and must not be a condition of service. The FCC has tightened the requirements for what "prior express written consent" means several times in recent years.
For a law firm sending case-update and document-reminder texts to bankruptcy clients: the client needs to have separately consented to receiving those texts before the first message is sent. That consent needs to be documented with a timestamp.
How bankruptcy.ai handles TCPA consent
The client consent flow in the portal includes a separate opt-in for SMS communication. The opt-in language specifically describes that the client will receive case status updates and document reminders via text message from the firm's assigned phone number. Consent is not bundled with the general engagement terms. The timestamp and consent language are stored and available for audit.
Clients who opt out of SMS still receive email communications. The platform does not send texts to clients who have not consented.