SMS (text messaging) Opt-in is the process of receiving consumers' permission to send them text messages.
Before texting your audience, It’s not enough to have a customer’s phone number, you need to get their permission this is also called express written consent.
Please note that this article is provided as a resource, but does not constitute legal advice. If you have more questions, please contact an attorney in your area who is familiar with this topic.
SMS Opt-in involves two steps:
1. Opt-In Method, how to collect a mobile number?
2. Call to Action (CTA), how to ask the user for a mobile number?
Opt-In Methods
Use one of these methods to get express consent from the users
SMS Keywords
If you’re looking for an easy way to collect mobile numbers and also users' permission, the keywords are the most convenient method. The keywords are memorable words or phrases that people can text to your business texting number to opt-in.
When user text the keyword to your text number, they expressly consent to opt into your SMS program.
You may have seen this before when a brand ask users to text a keyword to their number (ex. "Text JOIN to 888-400-6000").
For example, a spa might promote the keyword “SPA” to encourage consumers to join their SMS list and receive exclusive discounts.
User will receive auto-response: (Single opt-in)
SPA retreat: Thanks for joining our SMS alerts. Msg freq varies. Reply help for Help. Reply STOP to cancel. Msg&data rates may apply.
For marketing campaign, a double opt-in is recommended, means user would need to reply "YES" to confirm.User would receive a opt-in auto response: (Double opt-In)
SPA retreat would like to text you coupon codes, and marketing promotions. msg freq varies. To consent, please reply YES. Reply STOP to cancel. Msg&data rates may apply.User Replies
YES
User will receive auto-response: (Double opt-in)SPA retreat: Thanks for joining our SMS alerts. Msg freq varies. Reply help for Help. Reply STOP to cancel. Msg&data rates may apply.
Web sign-up forms
Web sign-up forms allow your website visitors to easily sign up to receive text messages from you. Using our website sign-form builder, you can easily create a web form that you either embed in your website or link from an email.
Your opt-in compliance is automatic with a web form, once a website visitor enters their mobile number, they'll receive an automatic opt-in confirmation message. You can turn on the double opt-in option as well, which would require the user to confirm the opt-in either by replying "YES" or entering a pin number on the website.
Paper Forms
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 for web signup form example
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:
-
The program or product description;
-
The phone number(s) or shortcode(s) from which messaging will originate;
-
The specific identity of the organization or individual being represented in the initial message;
-
Clear and conspicuous language about opt-in and any associated fees or charges; and
-
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, a banner on web site, 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 flyers copy.
The CTIA requires that the following is included in all CTA's that provide opt-in instructions to potential users:
- Program (brand) name OR program description
- Delivery frequency or recurring messages 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 prior express 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}
- {Insert program description here; this is simply a brief description of the kinds of messages users can expect to receive when they opt in.}
- 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.
- 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}.
- Carriers are not liable for delayed or undelivered messages
- 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.
- If you have any questions regarding privacy, please read our privacy policy: {link to privacy policy}
Click here to view example terms and conditions.
Privacy Policy Requirements
Your privacy policy does not have to be specific to your mobile program and can be a general privacy
To learn more review: CTIA Handbook