Kaitlyn Orred
Text messaging is one of the most effective ways to reach candidates quickly, especially when hiring needs change fast. But for staffing agencies, speed shouldn’t come at the expense of compliance. Regulations like the TCPA and CTIA guidelines dictate how and when candidates can be contacted by text, and violations can lead to serious legal and financial consequences.
In this guide, we’ll break down the key rules staffing firms need to follow, offer clear best practices, and highlight how to build a compliant SMS strategy that supports better communication without adding risk. Whether you’re sending a few texts a week or managing large-scale campaigns, compliance is essential to protecting both your agency and your candidate relationships.
Why SMS Compliance Matters in Staffing
Before diving into best practices, it’s important to understand the role compliance plays in staffing. Following the rules protects your agency legally and helps build stronger relationships with candidates. Here’s why.
Candidates Expect Respectful Communication
Job seekers value timely updates, but they also expect their privacy to be respected. Unsolicited texts can damage trust, even when they’re sent with good intentions. Clear opt-in practices and transparent messaging policies help candidates feel in control of the process.
Non-Compliance Comes With Real Risk
Failing to follow SMS compliance laws can result in steep penalties. The TCPA allows individuals to sue for violations, with damages reaching up to $1,500 per unwanted message. Agencies that rely on bulk texting without consent may also face class action lawsuits or enforcement from regulatory bodies.
Your Reputation Is on the Line
Candidates share their experiences, both good and bad. Agencies that send irrelevant or unexpected messages can lose credibility quickly. In contrast, firms that prioritize clear communication and consent build stronger reputations and attract higher-quality applicants.
Key SMS Compliance Laws and Guidelines
Understanding the core laws and guidelines around SMS helps you put together a compliant communication strategy. Here are the main regulations staffing agencies need to follow and what each one means for everyday messaging.
TCPA: The Backbone of SMS Compliance
The Telephone Consumer Protection Act (TCPA) is the primary law that governs business texting in the U.S. For staffing firms, it means you must obtain prior express written consent before sending promotional or recruiting-related messages. Consent can be gathered through job applications, online forms, or keyword-based opt-ins. What matters most is that the candidate clearly agreed to receive texts from your agency.
Even if your message is purely informational—like an interview reminder or a shift update—it’s still best to follow opt-in protocols. You can find a breakdown of what’s required in our TCPA compliance guide.
CTIA: What Carriers Expect
While the Cellular Telecommunications and Internet Association (CTIA) doesn’t create laws, its guidelines are enforced by mobile carriers. CTIA standards focus on how your texts are delivered and what content they include. If a staffing agency fails to meet these expectations—by skipping opt-in language or allowing candidates to reply without clear instructions to opt out—carriers may block messages before they ever reach the recipient.
The CTIA expects a transparent, permission-based experience. Your first message should identify your agency, explain why the candidate is receiving the text, and include an opt-out option like “Reply STOP to unsubscribe.” To better understand the language and requirements, review our SMS compliance glossary.
State and International Regulations: Know Your Reach
Depending on where your candidates live, other regulations may come into play. For example, if your staffing agency works with talent in the EU, you’ll need to comply with the General Data Protection Regulation (GDPR). This means being transparent about how you collect and store candidate data, as well as honoring requests to access, correct, or delete personal information.
In the U.S., email-based laws like CAN-SPAM reinforce the importance of clarity in business communication—even if they don’t apply directly to texting. Agencies that recruit across multiple states or countries should regularly revisit their compliance policies to avoid costly oversights.
Building a Compliant SMS Workflow for Your Staffing Agency
Creating a compliant messaging workflow protects your agency and builds credibility with candidates. Here’s how to structure your outreach in a way that follows regulations while maintaining a strong candidate experience.
Get Proper Consent (Opt-In)
The first step to any compliant SMS strategy is obtaining valid consent. For staffing agencies, this typically means capturing express written permission from candidates before texting them. Consent can be collected through online applications, form submissions, or by inviting candidates to text a keyword to your number. What matters is that the candidate knows what they’re signing up for and has agreed to receive messages from your agency.
Include Required Disclosures
Every initial message you send should clearly identify your agency and let the recipient know how to stop receiving texts. This includes a short compliance disclaimer such as “Message and data rates may apply. Reply STOP to opt-out.”
Honor Opt-Out Requests Immediately
When a candidate replies STOP, your system must process that request right away. Ignoring or delaying opt-outs not only risks non-compliance, but it also frustrates candidates and undermines trust.
In addition to STOP, consider supporting keywords like UNSUBSCRIBE or CANCEL to account for variations in how people opt out. Monitoring these replies manually is possible but time-consuming. An automated solution helps prevent human error and ensures your outreach stays compliant at scale.
Send the Right Message at the Right Time
Even when candidates have opted in, the timing and content of your messages matter. Avoid texting during “quiet hours,” typically before 8 a.m. or after 9 p.m. in the recipient’s time zone. Messages should also be relevant to the candidate’s experience and interest—for example, don’t send warehouse job alerts to someone who only works in office roles.
Thoughtful targeting improves engagement and minimizes complaints. For large campaigns, make use of segmentation features that let you sort candidates by job type, availability, or location. Not only does this keep your messages more relevant, but it also enhances deliverability and results.
Common SMS Compliance Mistakes (and How to Avoid Them)
Even well-meaning staffing teams can run into trouble if their processes don’t fully align with compliance guidelines. Understanding common mistakes—and how to fix them—can help your team avoid costly missteps.
One of the most frequent issues is assuming that implied consent is enough. For example, just because someone applied for a job or interacted with your agency in the past doesn’t mean they’ve given permission to receive texts. Valid SMS consent must be explicit, and it must be documented. Verbal agreements or vague form language won't hold up under scrutiny, particularly when operating under the Telephone Consumer Protection Act (TCPA).
Another mistake is failing to set up proper opt-out automation. Every candidate must be able to unsubscribe easily at any time. If someone texts “STOP” and still receives a message the next day, that’s a red flag—not just for compliance, but for your brand.
Outdated contact lists can also create compliance issues. If you're reaching out to candidates who haven’t engaged in months—or worse, years—chances are they didn’t consent to ongoing contact or may have forgotten they opted in. Maintaining a regular cadence of communication and purging stale contacts is critical.
Finally, many staffing teams forget to differentiate between transactional and promotional messages. Informational texts about interview times or application confirmations are treated differently than texts promoting open roles or career fairs. Promotional content typically requires a higher standard of consent. Understanding this difference will guide how you write and schedule your texts—and keep you on the right side of compliance law.
Staying Compliant with Text-Em-All
Compliance is both a legal requirement and a trust-building opportunity. When candidates feel respected and in control of their communication preferences, they’re more likely to stay engaged throughout the hiring process.
Text-Em-All automates essential compliance features like opt-out handling and consent tracking, while restricting message types that fall outside acceptable use. It gives staffing firms the ability to send high-volume, time-sensitive messages without sacrificing accuracy or oversight.
With tools to manage contact lists, document message history, and stay aligned with industry standards like TCPA and CTIA, Text-Em-All simplifies the complex world of SMS compliance. It’s a smart solution for agencies looking to modernize their outreach while doing things the right way.
Ready to streamline your candidate communication? Try Text-Em-All and take the guesswork out of SMS compliance.