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NONPROFIT GUIDE

Nonprofit Donation Text Compliance

Navigate 501(c)(3) verification requirements for TCR charitable use cases. Implement TCPA-compliant consent for donation appeals and fundraising campaigns.

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501(c)(3) Verified
IRS determination letter protocol
4,500 msg/min
Charitable use case throughput
Enhanced Trust
Nonprofit-specific trust scoring

Nonprofit Messaging Compliance Landscape

501(c)(3) organizations deploying SMS donation campaigns face three overlapping regulatory frameworks requiring simultaneous adherence to maintain charitable status while avoiding TCPA liability.

IRS 501(c)(3) Verification

TCR charitable use case requires submission of IRS determination letter during brand registration. Organizations must maintain active 501(c)(3) status throughout campaign operations with EIN verification matching corporate documents.

TCPA Fundraising Consent

Donation solicitations require express written consent under TCPA marketing provisions. No exemptions exist for charitable purpose. Consent must specify SMS fundraising with affirmative action opt-in mechanism excluding pre-checked boxes or inferred agreement.

TCR Charitable Use Case

Verified nonprofits access charitable campaign category with enhanced trust scoring, 4,500 messages/minute throughput, and reduced per-campaign registration fees. Political 527 organizations use separate political campaign use case with distinct FEC disclosure requirements.

Violation Risk: Nonprofit violations combine TCPA penalties ($500-$1,500 per message) with carrier-level traffic blocking and sender suspension. Non-compliance exposes organizations to class-action litigation and potential IRS scrutiny of unrelated business income from messaging operations.

Nonprofit-Specific Compliance Requirements

501(c)(3) SMS programs require five compliance controls addressing IRS verification mandates, TCPA fundraising consent rules, and TCR charitable use case standards.

  1. 1

    IRS Documentation Verification

    Submit IRS determination letter to TCR during brand registration process. Letter must confirm current 501(c)(3) status with active EIN matching organizational corporate documents. Organizations with pending status or revoked designation cannot access charitable use case and must register under standard marketing category with higher fees and reduced throughput.

    Technical Detail: TCR validates EIN against IRS Business Master File. Mismatches between determination letter and corporate registration documents trigger manual review adding 5-10 business days to approval timeline. Organizations should verify EIN consistency across all legal documents before initiating registration.
  2. 2

    TCPA-Compliant Fundraising Consent

    Deploy affirmative action opt-in mechanism explicitly requesting authorization for donation solicitation messages. Consent language must disclose SMS fundraising purpose, approximate message frequency, carrier fees notification, and opt-out instructions via STOP keyword. Pre-checked boxes, inferred consent from website usage, or email list import without SMS-specific authorization violate TCPA requirements regardless of charitable status.

    Example Compliant Language: "I agree to receive donation appeal SMS messages from [Nonprofit Name] at the phone number provided. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe or HELP for assistance. View our Privacy Policy at [URL]."
  3. 3

    Donor Privacy Policy SMS Section

    Implement privacy policy with dedicated SMS section addressing donor information handling, third-party sharing restrictions, and data retention protocols. Nonprofits must disclose if donor phone numbers or contribution data will be shared with affiliate organizations, advocacy partners, or external fundraising platforms. Privacy policies requiring acceptance during SMS opt-in must be publicly accessible at provided URL.

    Carrier Requirement: AT&T specifically flags missing affiliate sharing clauses in privacy policies during TCR review. Organizations sharing donor data with related entities must explicitly disclose this practice in SMS-specific privacy section to avoid rejection.
  4. 4

    Transactional vs. Fundraising Segregation

    Maintain separate consent mechanisms and TCR campaigns for transactional notifications versus fundraising appeals. Donation receipts, event confirmations, and volunteer scheduling qualify as transactional with lower consent barriers. Fundraising solicitations, advocacy alerts, and membership renewals require marketing-level express written consent. Organizations cannot leverage transactional consent to send promotional appeals without separate authorization.

    Best Practice: Register two TCR campaigns: (1) Charitable use case for donation appeals requiring marketing consent, (2) Notifications use case for transactional confirmations requiring basic prior business relationship. This segregation protects high-value transactional messaging from consent violations in fundraising operations.
  5. 5

    Content Compliance for Carrier Filtering

    Monitor message content for SHAFT violations (Sex, Hate, Alcohol, Firearms, Tobacco) and carrier-specific sensitive topic restrictions. While nonprofits operate in advocacy domains including political issues, carriers filter messages containing inflammatory language regardless of charitable intent. Organizations addressing sensitive topics should pre-validate content through carrier message validators before deployment to avoid spam filtering.

    Carrier Note: T-Mobile applies strictest content filtering to nonprofit campaigns addressing controversial social issues. Organizations should avoid inflammatory language, excessive capitalization, and urgent call-to-action phrases that trigger spam detection algorithms even when messaging complies with TCPA consent requirements.

Simplify Nonprofit SMS Compliance

MyTCRPlus Nonprofit Compliance Kit includes 501(c)(3) verification checklist, donation appeal consent templates, and TCR charitable use case registration protocols.

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Implementation Roadmap

Nonprofit organizations achieve compliant SMS operations in 3-5 weeks through phased deployment addressing IRS verification, consent infrastructure, and TCR registration sequentially.

Phase 1: Documentation Preparation

Assemble IRS determination letter, EIN verification, and corporate registration documents for TCR brand submission. Verify EIN consistency across all legal documents to avoid manual review delays.

Timeline: 1 week

Phase 2: Consent Infrastructure

Implement TCPA-compliant opt-in mechanisms with affirmative action checkboxes and required disclosure language. Deploy SMS-specific privacy policy section addressing donor data handling and affiliate sharing practices.

Timeline: 1-2 weeks

Phase 3: TCR Registration & Monitoring

Complete TCR brand registration with IRS documentation, then register charitable campaign linking to verified brand profile. Implement quarterly compliance audits verifying consent documentation and message content standards.

Timeline: 1-2 weeks

Access Nonprofit Compliance Tools

MyTCRPlus provides 501(c)(3) verification checklists, donation appeal consent templates, and charitable use case registration protocols designed for nonprofit compliance officers.

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Frequently Asked Questions

Do nonprofit organizations need separate consent for SMS fundraising?
Yes. TCPA requires separate express written consent for promotional SMS, including donation appeals. General email opt-in or website membership does not satisfy TCPA requirements for text messaging. Nonprofits must obtain affirmative action consent specifically authorizing SMS fundraising communications with disclosure language addressing donation solicitation purpose, message frequency, and opt-out mechanism.
Which TCR use case applies to nonprofit donation messaging?
501(c)(3) organizations register under the charitable use case, requiring IRS determination letter verification during brand registration. This use case provides enhanced trust scoring, 4,500 messages/minute throughput, and lower per-campaign fees compared to standard marketing. Political 527 organizations use political campaign use case with separate FEC disclosure requirements and comparable throughput benefits.
What are the penalties for nonprofit SMS violations?
TCPA statutory damages reach $500 per unsolicited message, escalating to $1,500 per willful violation. Nonprofits face identical penalties to for-profit entities with no exemptions for charitable purpose. Class-action exposure compounds risk as violations multiply across recipient lists, with aggregate damages potentially exceeding organizational insurance coverage. Carrier-level consequences include traffic blocking, sender suspension, and trust score degradation impacting future campaign approvals.
Can nonprofits use standard TCPA consent language?
Baseline TCPA language applies, but nonprofits should explicitly disclose donation solicitation purpose and segregate fundraising consent from transactional notifications like event confirmations or volunteer scheduling. Privacy policies must address donor information handling specific to nonprofit operations including IRS disclosure requirements and affiliate sharing practices. Organizations sharing donor data with partner nonprofits or advocacy coalitions must disclose this practice explicitly in SMS-specific privacy section.
How long must nonprofits retain SMS consent records?
Minimum 4 years to cover TCPA statute of limitations. Best practice extends retention to 7 years aligning with IRS donation documentation requirements for auditing purposes. Records must include timestamp with timezone, consent mechanism (web form, SMS reply, etc.), exact disclosure language presented to subscriber, and subscriber acknowledgment of terms. Organizations should maintain audit trail documenting consent source, opt-out history, and message delivery logs for compliance verification.

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Legal Disclaimer: This content provides general information about nonprofit SMS compliance requirements and does not constitute legal advice. Compliance obligations vary based on organizational structure, message content, recipient jurisdiction, and applicable federal/state regulations. Nonprofits should consult qualified legal counsel for guidance specific to their messaging programs and donor communications. MyTCRPlus does not provide legal advisory services or regulatory representation. Information accuracy reflects published guidance as of content creation date and may change with regulatory updates.