SMS Consent Guide: 8 Ways To Get Opt-Ins

Text messaging is a powerful channel for marketing, customer service, and client engagement. But before your business can communicate with customers via text, it is crucial — and legally required — that you get their consent.

This guide will walk you through this legal requirement and share eight ways to collect proper SMS opt-ins from your contacts.

What Does SMS Consent Mean?

SMS consent means your business has a consumer’s permission to send them text messages. There are various methods and requirements for collecting consent, but essentially, a consumer must be informed about what they’re agreeing to and actively give their permission — whether verbally, in writing, or via text.

Obtaining SMS consent is a key requirement under the Telephone Consumer Protection Act (TCPA). Businesses that fail to remain SMS compliant can face fines ranging from $500 to $1500 per violation. Mobile carriers (e.g., Verizon, T-Mobile, AT&T) can block non-compliant businesses from sending texts. 

Furthermore, texting a customer without their permission is a violation of privacy. To maintain a trusting customer relationship, businesses must always obtain SMS consent — before sending a text.

When customers agree to receive your text messages, they are demonstrating that they actually want to hear from you! They will be much more likely to engage with your texts (instead of reporting them as spam).

It might take some time to build a substantial SMS contact list, but by following the law and respecting your customers’ preferences, your business will benefit from a highly engaged subscriber list and a glowing reputation.

Is SMS Consent the Same as an SMS Opt-In?

Yes, SMS consent and an SMS opt-in are essentially the same thing. SMS consent is the legal concept that a person must agree to receive texts, while an SMS opt-in is the action a person takes to provide their consent. Common SMS opt-in actions include texting a keyword to a number, checking a box on a form, or verbally giving consent.

What Are the Levels of SMS Consent? 

There are three levels of SMS consent: implied consent, prior express consent, and express written consent. Different types of text messages require different levels of consent.

Implied Consent 

Implied consent is granted when a customer initiates a text conversation with a business.

• There is no need for a written agreement; the only documentation is the initial text message sent from the customer to the business.
• Implied consent only covers conversational messages, such as for customer support. 
• Under implied consent, businesses cannot send promotional or marketing messages.

Prior Express Consent

Prior express consent is granted when a customer agrees — verbally or in writing — to receive future text messages from a business.

• A written agreement is not required.
• Prior express consent gives businesses permission to send informational or transactional text messages, such as appointment reminders or order confirmations.

Express Written Consent

Express written consent, also called explicit consent, is granted when a customer consents to an explicit written agreement to receive future text messages from a business. 

• Express written consent is required for promotional texts and messages containing personal information. 
• The written agreement must clearly state the types of messaging the business will send. 
• The customer can consent to the written agreement with a written signature or digitally (digital signature, checkbox on a web form, text-to-join keyword, etc.).
• Express written consent provides businesses with reliable documentation, should a need arise to prove TCPA compliance.

8 Ways to Collect SMS Consent 

There are many methods for obtaining SMS consent. The method that works best for your business will depend on your unique audience and how you typically interact with them. Here are eight SMS consent examples.

Publicize Your SMS Number

Encourage customers to text you first (rather than the other way around) by publicizing your SMS number. Display your number on your customer support and contact pages, in your email signature, and even on in-store signage. Make it known that your business is reachable by text.

Use a QR Code

Create a custom QR code that, when scanned with a phone camera, generates a text-to-join message for customers to send. This makes it fast and easy for people to subscribe to your text messages.

Run Text-to-Join Ads

Create PPC and social media ads that encourage customers to text a specific keyword to sign up for your texts. Be sure to make it clear in the ad how they’ll benefit from subscribing to your SMS marketing.

Collect Consent at Checkout Register

Checkout is a great time to ask satisfied customers if they would like to be notified of upcoming promotions via text message. You can use your point-of-sale (POS) system to obtain a signature for express written consent. 

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Use a Website Form

Just like an email subscribe form, you can create an SMS signup form for your website. Offer an up-front promotion in exchange for a customer’s opt-in to entice them to sign up.

Add SMS Consent to Other Workflows

Take inventory of your existing workflows and consider whether you could incorporate SMS consent into any of them. Contact forms, account signups, and online appointment scheduling are all perfect opportunities to ask for SMS consent.

Use a Paper Form

Collecting SMS consent doesn’t have to be high-tech. In-store signup sheets, new patient intake forms, and membership waivers can all include a checkbox option to sign up for informational or promotional texts.

Ask Verbally

If your interaction with a customer is more conversational and informal, verbal consent might be appropriate. For example, a real estate agent might ask new clients they would prefer to communicate by text or email.

Key Elements to Include in Your SMS Consent Process

To comply with TCPA requirements, your SMS opt-in method must include the following information:

• Your Business Name: Clearly state the name of your business when collecting SMS consent. (Example: By signing below, you agree to receive recurring marketing text messages from Happy Threads Co. to the phone number provided.)
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• SMS Program Details: Your opt-in language must state the number of messages recipients can expect (or state that message frequency will vary). Your consent message should also explain the purpose of your texting program, whether it is to share promotions, order updates, emergency alerts, or something else. (Example: Text SAVE to 322944 to get Cuppa Joy deals & promos! Message frequency will vary.)
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• SMS Opt-Out Instructions: Make it easy for contacts to unsubscribe to your text messages. Include clear opt-out instructions in every text you send. (Example: Reply STOP to unsubscribe.)
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• SMS Disclaimers: Remind users that signing up to receive texts from your business could incur some charges, depending on the recipient’s mobile plan. (Example: Message & data rates may apply.)
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• Link to Terms & Conditions: Your terms and conditions page should explicitly disclose all of the details of your SMS practices. By providing a link to these details, you demonstrate transparency, build trust, and protect your business from fines or carrier bans.
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• Link to Privacy Policy: By linking to your business’s privacy policy, you explicitly share what type of personal data you collect, how you’ll use it, who you may share it with, and how users can access or delete their data.

Frequently Asked Questions About SMS Consent

Can You Send an SMS Without Consent?

No. As a business, you must obtain consent before sending a text message to a consumer. Failure to collect consent is a violation of TCPA.

What’s the Difference Between a Single Opt-In and a Double Opt-In?

A single opt-in requires a customer to provide their phone number and consent, and then they are immediately added to the subscriber list. 

A double opt-in involves a second step — after the initial opt-in, the business sends a confirmation text message to the customer. If the customer confirms, only then are they added to the subscriber list.

While single opt-ins are easier for the consumer and tend to yield higher subscribe rates, double opt-ins create a more engaged subscriber list and protect your business.

Can You Send a Text to Get Opt-Ins?

No. Your business must have consent FIRST before sending a text message. For conversational text messaging, you can get implied consent (where the customer texts you first). For all other business texting, you will need prior express consent (ideally written express consent).

Send Compliant SMS With Mozeo

SMS can be an effective business tool for connecting directly with customers, keeping them engaged, and driving repeat sales. But it only works if your business complies with TCPA requirements.

Mozeo can help your business stay compliant. For starters, Mozeo will handle the process of obtaining your approved and registered SMS short code. Once you’re set up with a number, Mozeo will assist your business in collecting proper opt-ins and immediately processing opt-out requests.

Ready to partner with Mozeo for worry-free, fully compliant SMS outreach? Get started for free