Understanding Consent and Opt-Ins/Opt-Outs for SMS Services
Gain a better understanding of when and how to ask for consent for SMS communication, and the best practices to follow for crafting opt-in questions.
Written by Grayson Akerly
Updated at November 1st, 2024
Table of Contents
What Is Proper Consent?
Consent cannot be obtained through buying, selling, or exchanging it. For instance, purchasing a phone list from another party to obtain the consent of message recipients is not a valid approach.
Except for a few exceptions noted later in this section, all of the listed consent requirements must be met. If you use SpectrumVoIP's messaging platform for your application or service as a software or platform provider, you must ensure that your customers comply with these same requirements when dealing with their own users and customers.
Types of Messages and Required Consent
The CTIA Messaging Guidelines say that all A2P (Application-to-Person) messaging requires customer consent. The type and extent of consent needed for each is based on the messaging type and frequency.
WARNING: All A2P messaging campaigns must support established opt-out keywords. If a customer wants to revoke their consent, your campaign must let them.
| Consumer-initiated conversational | Informational | Promotional |
|---|---|---|
| Conversational messaging is a backand-forth conversation via text. If the consumer initiates the conversation and the business simply responds, then it is likely conversational and no additional permission is expected. | Informational messaging is when a consumer gives their phone number to a business and provides their consent to be contacted in the future for a non-promotional purpose. Appointment reminders, welcome texts, and other non-promotional alerts fall into this category. | Promotional messaging contains a sales or marketing promotion. Adding a call to action (e.g., a coupon code to an informational text) may place the message in the promotional category. Businesses require the consumer’s written consent to send promotional messages. |
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Implied consent If the consumer initiates the text message exchange and the business only responds to each consumer with relevant information, then no verbal or written permission is expected. |
Implied consent If the consumer initiates the text message exchange and the business only responds to each consumer with relevant information, then no verbal or written permission is expected. |
Implied consent If the consumer initiates the text message exchange and the business only responds to each consumer with relevant information, then no verbal or written permission is expected |
Requirements for Opt-Ins and Opt-Outs
To ensure your SMS messaging services are compliant with CTIA messaging guidelines, it is imperative to ensure your business is using opt-in and opt-out messages to allow customers to give and withdraw consent for receiving SMS messages.
Use Proper Opt-In and Opt-Out Messages
While you are registering an SMS campaign, your campaign may end up rejected due to missing information. One of the most common reasons an SMS campaign may be rejected is missing proper SMS Opt-In/Opt-Out language that is required by the FCC.
The following information must be present on your website's opt-in form or within your first SMS message to a customer that subscribes:
| Requirement | Description | Example |
|---|---|---|
| Company Name | Ensure that your SMS or website's opt-in language includes your company's name. | “By clicking the Subscribe button, you agree to receive text messages from ABC Company at this mobile number.” |
| SMS Disclaimers | Include a disclaimer that message and data rates may apply on your opt-in form or in your first text to a customer. | “Message and data rates may apply.” |
| Message Frequency | Note how many messages the subscriber will receive or state that the message frequency will vary. | “Message frequency varies." or “You will receive up to four messages regarding your order from our store.” |
| Use Case | Describe the purpose of your SMS messages. Are your SMS subscribers receiving reminders, promotions, alerts, company updates, etc.? | "By subscribing, you agree to receive delivery update messages from ABC Company.” |
| Opt-Out Instructions | Explain how subscribers can opt-out or unsubscribe from SMS messages. Ensure that the opt-out process is easy and accessible for users. | “Text STOP or UNSUBSCRIBE to unsubscribe from text updates at any time. Once we receive your message, you will no longer receive text messages from us." |
| Terms and Privacy Policy Information |
Include a link to your company’s terms of service and privacy policy to ensure complete transparency with your SMS message subscribers. Ensure that your privacy policy mentions that personal information will not be sold. |
“By subscribing for text updates, you agree to our Privacy Policy and Terms of Service.” “ABC Company maintains strict privacy policies, ensuring that personal information of our users and members is not sold, rented, released, or traded to others without prior consent or a legal obligation." |
| Customer Help Information | Include your customer support team's information to your opt-in language to make it easy for your subscriber to find help and support. | “Text HELP to speak with ABC Company's support team.” |
Require Opt-Ins
An opt-in is a message that asks a customer can agree to if they want to be messaged by your business. The opt-in message must be clear about what the customer can expect from your SMS messages. What type of message do you intend to send them, and for what purpose?
No Double Dipping
You cannot repurpose an opt-in message for one kind of communication to use for other kinds of communications.
For Example… A user who gives you consent to receive a one-time password (OTP) via text message is not consenting to marketing texts. The customer would need to agree to a separate opt-in message to receive marketing texts as well.
Opt-In types
Under TCPA rules, there are also certain types of opt-ins – including for automated SMS marketing messages – which must be documented in writing. If you plan on sending promotional messages to customers, make sure you’re properly logging all opt-ins.
What are you expected to keep track of in your records? Here’s a quick guide to what you should take note of when documenting opt-in requests:
- Timestamp of consent acquisition
- Consent acquisition medium (e.g., cell-submit form, physical sign-up form, SMS keyword, etc.)
- Capture of experience (e.g., language and action) used to secure consent
- Specific campaign for which the opt-in was provided
- IP address used to grant consent (if applicable)
- Consumer phone number for which consent to receive messaging was granted
- Identity of the individual who consented (name of the individual or other identifier, e.g., online username, session ID, etc.)
- Documenting all opt-ins for at least six years is required by some mobile network operators. It provides proof that you have received consent to send to that destination number
✔ Please refer to the CTIA Messaging Principles and Best Practices for a comprehensive run-down of how to best manage opt-in messaging.
Double Opt-Ins Are Ok
Many companies use double opt-ins to verify that the user fully consents to the SMS messages being sent. This is commonly done by sending a customer a welcome (or initial message) after they first opt-in reminding them that they signed up, and asking them to respond and positively confirm their consent with a keyword (e.g., “Y”, “Yes”, “OK”, “Begin”, etc.)
✔ Double opt-ins are not an industry requirement, but it is best practice to include these confirmation messages.
Honor Opt-outs
In the event that a customer consents to receive your messages via an opt-in method, they retain the right to revoke their agreement. It is your responsibility to make the opt-out process straightforward for customers.
The most common opt-out method is to let consumers respond to the SMS with the text “STOP”. There are other ways to handle opt-outs as well. The Federal Communications Commission (FCC) states that customers must be able to opt-out through “any reasonable means.” Opt-out method can be a phone call, a text message, a web form, etc.
DANGER: The opt-out method used must be accessible and easy to follow for users. It is crucial to provide clarity (ideally in every message) regarding how a customer can opt-out. Their opt-out request must be acknowledged promptly upon receiving it.
Failure to follow these regulations can lead to negative consequences.