SMS Opt-in Methods (Express consent)

Do you have in-store or in-office clients? If your business receives foot traffic, create a physical form that visitors can fill out to subscribe to your exclusive Text Message offers. 

If you have a paper form that includes a phone number field, you can allow customers to opt into future text messages, as long as it has a check box and a disclaimer that the person filling out the form agrees to receive your text messages.

Make sure to include the required text message campaign terms.

Call-To-Action Requirements

A "call-to-action" is a prompt that encourages a consumer to participate in a messaging campaign. When it comes to a program that consists of a single message, the call-to-action can be straightforward. On the other hand, the main objective of disclosures is to secure the consumer's consent to receive the message and provide them with a clear understanding of the program's purpose.

 

Message senders should display a clear and conspicuous call-to-action with appropriate disclosures to consumers about the type and purpose of the messaging consumers will receive. 

A call-to-action should ensure consumers are aware of:  

1. The program or product description; 

2. The phone number(s) or shortcode(s) from which messaging will originate;

3. The specific identity of the organization or individual being represented in the initial message; 

4. Clear and conspicuous language about opt-in and any associated fees or charges; and  

5. Other applicable terms and conditions (e.g., how to opt out, customer care contact information, and any applicable privacy policy). 

Calls-to-action and subsequent messaging should not contain any deceptive language, and opt-in details should not be obscured in terms and conditions (especially terms related to other services). 

Whether you’re promoting your SMS opt-in online, in person, or via an app, you must also include information on the purpose of your text messaging campaign, your company name, how often subscribers will receive messages, data rates, and links to your terms and conditions.

Any advertisements, flyers, banners on the website, or web forms that prompt potential users to opt into your text message campaign must meet requirements set by the CTIA and the TCPA. You must provide a URL of the website or screenshots where customers will discover the program and a paper flyer copy.

 

The CTIA requires that the following is included in all Call-to-Action that provide opt-in instructions to potential users:

• Program (brand) name OR program description
• Delivery frequency or recurring message disclosure
• Customer care contact information*i.e. Reply HELP for help
• Opt-out instructions in bold* i.e. Reply STOP to opt-out
• “Message and data rates may apply” disclosure
• Display or link to terms and conditions
• Display or link to the privacy policy

*Opt-out instructions and customer support information can be left out of the CTA if they are described in the comprehensive Terms & Conditions which are properly linked to the CTA. 

On a web page, the T&Cs and Privacy Policy may be a hyperlink with all the details, but in print CTAs the full URL must be explicitly shown. Your T&Cs and Privacy Policy can be consolidated into one link. 

Example language:

By opting in to [Company/program name], you will receive periodic marketing text messages.  Message & Data Rates May Apply. Reply STOP to cancel. Program terms and privacy policy at [Link]. 

Other Considerations - TCPA

Ideally, your CTA should also include the TCPA disclosure used to obtain contacts before expressing written consent that:

"By opting in, you agree to receive periodic marketing text messages from [Company Name] delivered using automated technology via the short-code 72000. You understand that your consent is not a condition of any purchase."

At a very minimum, this disclosure should be included in your terms and conditions.

 

Terms & Conditions Requirements

Boilerplate Terms and Conditions of Service 

{Program name}

1. {Insert program description here; this is simply a brief description of the kinds of messages users can expect to receive when they opt-in.}
2. You can cancel the SMS service at any time. Just Reply or text "STOP" to the shortcode. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, Text or Reply "UNSTOP" or just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at {support email address or toll-free number}.
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {message frequency}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our privacy policy: {link to privacy policy}

Privacy Policy Requirements

The privacy policy needs to be compliant and will need verbiage added similar to

“All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.” and "We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages." 

 

To learn more review: the CTIA Handbook