Consent to Receive Text Messages: Best Practices and Requirements

To receive text messages from a business, you must give your explicit consent. This means you must opt-in to receive texts, either by signing up for a service or by responding to a promotional message.

The Federal Trade Commission (FTC) requires businesses to clearly disclose how they will use your cell phone number and to provide a way for you to opt-out of future texts. This includes including a clear opt-out instruction in the initial message.

Make sure to review the terms of service and opt-in procedures before giving your consent. This will help you understand how your information will be used and how you can stop receiving texts.

Businesses must also honor your opt-out request within a reasonable timeframe, typically within 10 business days.

A unique perspective: Secret Service Text Messages

Collecting consent is a crucial step in receiving text messages from businesses. You need to get your contacts' permission to text them before you text them.

There are many methods for obtaining SMS consent, and the method that works best for your business will depend on your unique audience and how you typically interact with them. You can use a web form with compliant opt-in language, like American Eagle's example, where a customer checks a box to agree to receive promotional messages.

You also need to describe your opt-in method(s) and make sure they're live on your website before attempting US carrier registration. This could be a simple disclaimer, like "By texting KEYWORD to (123) 456-7890, you agree to receive promotional messages sent via an autodialer."

The CXI Framework can help you remember the key points of opt-in language. It stands for Brand, Consent, Purpose, Permission, Terms, Privacy, Transaction, Frequency, Data, Stop, and Help. You can use a mnemonic aid like this to ensure you include all the necessary information.

Here are some examples of opt-in language templates you can use:

Make sure to include an opt-in disclaimer in printed and digital graphics where you collect contacts you intend to text, like text-to-vote, text-to-win, or text-to-apply.

You can collect SMS consent through web forms, which are a convenient way to collect email subscriptions and SMS consent. If you use Jotform as your online form builder, you can grab a copy of their SMS-compliant opt-in form for your website.

To get started, you'll need to provide a link to the form during registration for review. You can connect it with Zapier to automate confirmation texts. Once a user fills out a form on your website, Zapier pushes the data to an Excel sheet and triggers OpenPhone to send an A2P message.

Web signup forms allow website visitors to easily subscribe to receive texts from you. You'll need to set up a form and install it on your site. Luckily, SimpleTexting has a free website form builder app that you can use.

To collect SMS consent through web forms, you'll need to include the following information:

Here's an example of what the opt-in language template could look like:

"By checking this box, you agree to receive promotional messages sent via an autodialer from (123) 456-7890. You also agree to the terms of service (website.com/terms-and-conditions/) and privacy policy (website.com/privacy-policy/). This agreement isn’t a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out; HELP for more information."

You can also use a text-to-subscribe keyword, which is a memorable word or phrase that people text your business number to opt in. For example, "Text SUMMERDEALS to 888-459-2034".

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Verbal opt-in is a common method of obtaining consent, where sales or support reps ask customers for permission to send text messages during a phone conversation.

Rep: “Would you like us to send you real-time updates on your support ticket via text? Just say YES if that works for you.” Customer: “Yes, please.”

A confirmation text should be sent to the customer after verbal opt-in, like in this example: "Hey! This is [name] from [business]. We just spoke on the phone and you said we could text you. Is it still OK to contact you via text?"

For another approach, see: How to Stop Text Messages from Companies

To ensure compliance, express written consent is required for promotional texts and messages containing personal information. This can be obtained through a written agreement or digitally, such as a checkbox on a web form.

Here are some key elements to include in a written confirmation:

For example, a form opt-in language template could include the following language: "Brand Name: By checking this box, you agree to receive promotional messages sent via an autodialer from (123) 456-7890. You also agree to the terms of service (website.com/terms-and-conditions/) and privacy policy (website.com/privacy-policy/)."

Recommended read: Invasion of Privacy Text Messages

Paper forms can be a simple and effective way to collect SMS consent, especially in a brick-and-mortar setting.

You can use paper opt-in forms, like the medical practice's consent form, to enroll visitors into your SMS campaigns.

These forms should include opt-in and opt-out information, and you'll need to maintain records of the consent, including date, time, type of campaign, recipient phone number, and recipient name.

Check this out: Why Do My Text Messages Say Sms

To upload a photo or screenshot of the consent form, select the paper form opt-in option when registering your number for texting.

Here's a breakdown of what you should include in your paper forms:

Verbal and written confirmation are essential for obtaining express written consent, which is the most important aspect of your SMS compliance strategy. Express written consent needs to be recorded in text, using the methods outlined above, such as verbal consent recorded in writing.

Verbal opt-in is a common method, where sales or support reps ask for consent to send text messages during a phone conversation. A script can be shared for this purpose, such as "Would you like us to send you real-time updates on your support ticket via text? Just say YES if that works for you."

A confirmation text is a great way to avoid accidental subscriptions, and it's recommended to use one of these opt-in text message examples to confirm consent after a verbal opt-in. For example, "Hey! This is [name] from [business]. We just spoke on the phone and you said we could text you. Is it still OK to contact you via text?"

Worth a look: Opt in for Text Messages

Express written consent can also be obtained through written forms, such as online forms, text-based opt-in agreements, or paper forms. For example, a form opt-in language template can be used, which includes the brand name, how contacts consent, the campaign purpose, permission reception, terms of service agreement, privacy policy agreement, transaction, message frequency, message and data rates, opt-out instructions, and support instructions.

A confirmation text can also be used to thank customers for their interest in the text program and secure that double opt-in for protection. For example, "Thank you for texting [business name]! Reply Y to continue texting. Message & data rates may apply. Reply HELP for help or reply STOP to opt-out. Message frequency may vary."

Implied consent is granted when a customer initiates a text conversation with a business, but it only covers conversational messages, such as for customer support, and businesses cannot send promotional or marketing messages under implied consent.

Here are some examples of verbal and written confirmation:

To stay compliant and avoid getting flagged by spam filters, it's essential to keep your opt-in records up to date and follow texting best practices. You must maintain records of SMS subscriber consent, including the date, time, method of opt-in, type of campaign, phone number, identity, and IP address.

To avoid red flags, format your texts to make them easy to read and understand. This means avoiding ALL CAPS and shortened URLs like bit.ly. Schedule your texts during business hours (8:00 AM to 9:00 PM in the recipient's time zone) to stay TCPA compliant.

To gather proper consent for informational and promotional texting campaigns, create a compliant SMS opt-in process. Obtain explicit prior consent from users before sending them SMS messages, and use clear SMS consent language in your opt-in form, initial texts, and anywhere you post your texting number.

Here are the key elements to include in your consent language:

Before collecting express written consent from recipients, inform them of what they're consenting to. This includes:

Remember to regularly check your records to see if anyone has unsubscribed from your SMS communications and update your CSVs accordingly.

Communicating with employees through text messages can be a convenient way to stay in touch, but it's essential to do so in compliance with TCPA laws. Employees can be considered recipients of text messages, just like customers, and must provide express written consent before receiving recurring SMS communications.

The key to avoiding consent issues is to inform your employees from the start about your SMS communication plans. Outline your strategy in an onboarding guide or employee handbook to ensure they're aware of what to expect.

If your business pays for employee phones, the employer is technically considered the subscriber, and can provide consent for SMS communications. However, it's not recommended to act on behalf of employees regarding their privacy.

In cases of emergency communications, such as situations affecting the health and safety of recipients, employers can send employees a mass text without consent. This exception is defined as corporate emergency communications.

Transactional messages, like crisis communications or shift updates, can be sent to employees with just their phone number, but promotional messages require express written consent. It's crucial to keep employee SMS distribution lists up to date to avoid sending messages to ex-employees or someone who's acquired an employee's number.

Explore further: What Does Sms Mean on Text Messages

To send marketing and promotional messages, you need to get consent from your customers. Express written consent is required, which can be obtained through various methods, including text message/SMS keyword opt-in.

If you're running an SMS promotion, you can use keywords and shortcodes to collect opt-ins at scale. This method requires you to provide the keyword used in your sign-up campaign.

Promotional texts are designed to sell or promote your products and services, and they may include specials, coupons, and other discounts, sweepstakes and contests, and new product announcements. However, if you're an OpenPhone customer, they don't support promotional texting through their platform.

To describe the type of messages you send, you must explain the types of messages you want to send. This includes describing the type of messages or campaigns you want to send, such as showing confirmation texts or texts about new apartments in the area.

To send promotional messages to employees, express written consent is required. However, simply providing their phone number to an employer may be sufficient consent for transactional messages, such as crisis communications or shift updates.

If this caught your attention, see: Promotional Text Messages

To confirm customers' subscription to your SMS marketing program, you can use double opt-in text messages. Here are some customizable single opt-in text message templates:

You can also use text-to-subscribe keywords, which are memorable words or phrases that people text your business number to opt in. For example, "Text SUMMERDEALS to 888-459-2034."

For healthcare providers, getting consent from patients to receive text messages is a must. HIPAA-compliant confirmations require covered entities to share that text messaging isn't fully secure.

Text messaging isn't a secure way to communicate sensitive patient information. To collect double opt-in consent, healthcare providers can use a message that informs patients of this risk.

Healthcare providers must use a message that properly informs patients of the risks associated with text messaging. This message can be used to collect double opt-in consent from patients.

Text messaging can be a convenient way to communicate with patients, but it's not without risks. Covered entities must take steps to ensure that patients are aware of these risks before sending them text messages.

On a similar theme: Covered Text Messages

If you're looking to build a list of subscribers who have given their consent to receive text messages, SimpleTexting offers some handy tools to make the process easier.

You can use SimpleTexting's opt-in list-building tools to automatically create compliant assets like graphics and web forms.

SimpleTexting's tools include a text-to-subscribe keyword graphic generator, click-to-text buttons, web text-to-signup forms, and mobile text message signup widgets.

These tools automatically add compliance language to your assets, saving you time and effort.

If you prefer to use your own tools, you can use the copy/paste templates provided by SimpleTexting as starting points for opt-in text message compliance.

Here are some examples of SimpleTexting's opt-in list-building tools:

Compliant SMS opt-in methods are crucial to avoid any issues with consent. These methods include entering a telephone number through a website, clicking a button on a mobile webpage, sending a message from the Consumer's mobile device that contains an advertising keyword, initiating the text message exchange in which the Message Sender replies to the Consumer only with responsive information, signing up at a point-of-sale (POS) or other Message Sender on-site location, or opting-in over the phone using interactive voice response (IVR) technology.

Additional reading: Spam Text Sender

To gain express written consent, which allows you to send promotional messages as well as informational and conversational messages, you should use opt-in methods that require explicit agreement.

A shortlist of the best ways to write SMS opt-in calls to action to express written consent include text-to-subscribe keywords, forms with unchecked boxes, and click to text message.

If you want to ensure you're using compliant SMS opt-in methods, consider the following:

To obtain consent to receive text messages, businesses must follow the guidelines set by the Telephone Consumer Protection Act (TCPA). This law was passed in 1991 to protect the rights and privacy of private citizens.

The TCPA requires businesses to obtain express written consent from those they wish to message. This consent is the foundation of SMS compliance and is still the standard today.

Businesses can be liable for millions of dollars in lawsuits if found in violation of the TCPA. This highlights the importance of ensuring SMS compliance.

For another approach, see: Compliance for Text Messages

To ensure compliance, businesses must respect the privacy of individuals and protect them from abuse by malicious actors. This is why laws regulating SMS sending rules are in place.

Here's a mnemonic aid to remember opt-in call-to-action compliance: the CXI Framework. This framework consists of 11 points of opt-in language, which can be remembered using a variation of the Method of Loci.

Here are the 11 points of the CXI Framework:

Remember, obtaining consent is not optional – it's the law.