Telecommunications industry rules and laws in the U.S. require that every person receiving a text message has explicitly consented to receive it. This means that you must clearly explain to recipients how they can opt-in to receive messages from you, and what types of messages they will receive. This guide will explain ways to obtain consent from recipients.

Note: Companies that send unsolicited text messages can be fined up to $1,500 per violation under the TCPA, and their messaging is subject to immediate suspension.

The method through which you obtain consent from recipients must be clearly explained in your campaign submission. If the method of obtaining consent is insufficient, the campaign will be rejected. This consent can be obtained in a variety of ways, including:

Note: SMS consent details must not be obscured in terms and conditions.

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Option 1: Submitting a form

If a consumer submits their phone number using a form on your website or app, you must that they are opting in to receive text messages from you. This consent notice should include the following information (updated August 2024):

  1. Mention the type of messages the consumer will receive.
  2. Mention the expected frequency (e.g. “msg frequency varies”).
  3. Inform users to text STOP to unsubscribe and HELP for help.
  4. Link to your terms of service and privacy policy.
  5. Mention that “message & data rates may apply.”

Example: “By sharing your number, you agree to get SMS notifications from COMPANY NAME. Message & data rates may apply. Message frequency varies. Reply STOP to unsubscribe and HELP for help. Terms of service and privacy policy.”

If the text messages are optional, you should also include a checkbox that the consumer must check to confirm that they consent to receive text messages.

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Option 2: Texting the number

If your messaging is conversational in nature, and the consumer initiates the conversation by texting you first, consent is implied. For example, if you operate a customer support line and a consumer texts your number to ask a question about a product, you can respond to their question and continue the conversation without obtaining explicit consent.

If your messaging is or in nature, then it is recommended to collect a double opt-in when the consumer first texts you. For example, if you tell customers that they can text START to subscribe to messages, you should reply and confirm that they would like to subscribe. This can be done by responding with “Reply YES to confirm you want to receive these messages” (example below).

It is also possible for the message sender to collect consent from recipients in-person. If an in-person visitor completes a paper form that collects their phone number and their consent to receive text messages, an image of the form should be submitted as part of the campaign application. If the consent is collected verbally, then the campaign should clearly explain the language used and the circumstances in which the recipient is asked.

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FAQs

No, a consumer opt-in to receive text messages is not transferrable or assignable. An opt-in applies only to the campaign(s) for which it was originally intended. For example, if you obtain consent to send a 2FA login code to a user, you cannot use that consent to send promotional messages unless that was clearly explained at the time of opt-in.