WhatsApp marketing rules in United States, in plain language.
The TCPA is enforced primarily through private class action rather than regulator action, which makes the risk asymmetric. A single non-compliant campaign to a modest list can become a very expensive lawsuit.
Is WhatsApp marketing legal in United States?
Yes, provided you have consent that meets the standard set by TCPA and you identify your business clearly in every message. FCC / FTC is the regulator. The opt-out deadline is 10 business days, and the published maximum penalty is us$500–1,500 per unsolicited message, and class actions are common.
Key takeaways
- Consent standard: TCPA requires prior express written consent for autodialed marketing messages.
- Regulator: FCC / FTC.
- Opt-out within 10 business days — ConvoHut does it immediately.
- Maximum penalty: US$500–1,500 per unsolicited message, and class actions are common.
At a glance
| Governing law | TCPA, CAN-SPAM, CCPA/CPRA |
| Regulator | FCC / FTC |
| Risk level | VERY HIGH RISK |
| Consent standard | TCPA requires prior express written consent for autodialed marketing messages. This is the strictest standard of any market ConvoHut supports. |
| Opt-out deadline | 10 business days (ConvoHut suppresses immediately) |
| Maximum penalty | US$500–1,500 per unsolicited message, and class actions are common |
| Business detail we collect | EIN and a physical mailing address |
| Local currency | USD ($) |
| Quiet hours timezone | America/New_York |
| ConvoHut status | Planned Phase 5 — Q1 2027 |
What United States actually requires
The five things that decide whether a campaign is compliant. None of them are about the wording of your message.
Prior express written consent
For marketing. It must reference the specific business and disclose that consent is not a condition of purchase.
Per-message statutory damages
US$500 per message, trebled to US$1,500 for wilful violations. Multiply by list size.
A physical mailing address
Required in commercial messages under CAN-SPAM.
Ten business days to honour opt-out
Under CAN-SPAM. ConvoHut suppresses immediately.
State privacy laws stack on top
CCPA and CPRA in California, with more states following each year.
What messages cost here
Meta charges per template message delivered, priced by category and by the recipient's country. These are the rates configured in the ConvoHut platform for United States.
Marketing
$0.0500
per message
Utility
$0.0200
per message
Service replies
Free
inside the 24-hour window
Rates shown in USD. Meta revises its rate card quarterly and prices by the recipient's country, so treat these as indicative and check Meta's current card before budgeting. Model your own volume.
How ConvoHut will handle United States
Phase 5 — Q1 2027. When this market is live, activating it in your account will switch on the TCPA rule set: the consent standard above is enforced at import, the opt-out deadline is honoured immediately, quiet hours run in America/New_York, and every campaign is checked against these rules before the send button becomes available.
We collect your EIN and a physical mailing address during onboarding because the sender identification requirement in this market depends on it.
Questions this raises
Is WhatsApp marketing legal in United States?
Yes, with consent meeting the TCPA standard and clear sender identification. FCC / FTC enforces it.
What is the penalty for getting it wrong in United States?
The published maximum is us$500–1,500 per unsolicited message, and class actions are common. Typical outcomes are lower, but penalties generally scale with the number of messages, which means list size is a risk multiplier.
How quickly must I honour an opt-out in United States?
The legal deadline is 10 business days. ConvoHut suppresses the contact immediately instead, because the grace period exists for postal-era systems and there is no good reason to use it.
Can I message customers who bought from me but never opted in?
TCPA requires prior express written consent for autodialed marketing messages. This is the strictest standard of any market ConvoHut supports.
What business details do I need to provide for United States?
Your EIN and a physical mailing address. This supports the sender identification requirement, and ConvoHut asks for it during onboarding when you activate this market.
Is this legal advice?
No. We are a software company. This page is written to help you brief your own adviser properly. Compliance in your market remains your responsibility as the sender.
Compliance by market
Each market has its own law, its own regulator, its own consent standard and its own penalty. Read the one you sell into.
Selling into United States?
Join the waitlist and tell us which markets you operate in. We are prioritising by where early customers actually sell, not by market size.