SMS Consent Best Practices
What is opt-in and call-to-action? Why is it important in SMS compliance?
Opt-in refers to the process by which businesses obtain consent from consumers before sending them text messages. Regardless of the type of phone number or the content of the message, obtaining consent is a fundamental requirement prior to initiating communication with a consumer’s mobile device.
The type of consent required varies based on the nature of the message:
- Express written consent is mandatory for marketing messages.
- Express consent is necessary for informational messages, such as customer care, account alerts, and two-factor authentication (2FA) notifications.
- Implied consent applies when a business responds with information directly related to an incoming message from a consumer.
Further details regarding message content and the corresponding consent requirements are outlined in Section 5.1 of the CTIA Messaging Principles and Best Practices documentation.
A call-to-action is the specific language used to invite a consumer to opt in to a messaging campaign. This verbiage must be clear and conspicuous, and must include all necessary disclosures to ensure that the consumer is fully informed about the nature of the campaign and is providing informed consent to receive messages from the business.
Adhering to these principles is essential for maintaining SMS compliance and protecting consumer rights.
What are the required information in a call-to-action?
A call to action needs to include:
- Brand name
- Types of messages being sent
- Message frequency disclosure
- "Message and data rates may apply" disclosure
- HELP information
- STOP/opt-out information
- Link to the Privacy Policy and Terms & Conditions
What are the different ways to get consent to text?
There are several ways to obtain consent to send text messages, each with its own process and requirements. Below are some of the most common opt-in methods, along with definitions and examples:
Web Form
A web form is an online form embedded on a website where users can enter their phone number and provide consent to receive text messages. This method is often used for digital campaigns and allows for easy record-keeping.
Sample web form for informational consent.
Paper Form
Consent can also be collected through a physical form. Customers provide their phone number and indicate their agreement to receive text messages. This method is commonly used in in-person settings such as retail stores or events.
Keyword via Text
In this approach, customers are prompted to text a specific keyword to a designated number to opt in. This method is frequently used in marketing campaigns and provides a straightforward way for customers to give consent.
Verbal Consent:
Verbal consent is obtained when customers call a phone number or interact with an Interactive Voice Response (IVR) system and are asked for permission to receive text messages. During this process, all required disclosures must be communicated verbally. For example, a typical agent script might be:
"Would you like {Brand} to send you service related texts? Msg&ataRatesMayApply. Message frequency varies. Text HELP for help. Text STOP for stop. For our privacy policy and terms of use, visit {company website}."
Even when consent is given verbally, it is important to document the opt-in, such as by recording the response in a Customer Relationship Management (CRM) tool. Note that verbal opt-ins are not permitted for marketing messages.
Consent via Text
Consent may also be implied when a business responds to an inbound message from a consumer with related content. In these cases, the necessary disclosures should be made available wherever the number to text is published.
Please note: This information is provided for general guidance and is not legal advice. It is recommended to consult with a legal professional to ensure that all text messaging campaigns comply with applicable laws and regulations.