Consent requirements and examples for SMS messaging to the U.S.

Conversational messages include back-and-forth conversations between individuals with no automated responses involved. If the consumer initiates the conversation, consent is implied and you have their permission to reply and continue a text back and forth. Otherwise, you can get verbal consent or written consent (e.g., website intake form with language on SMS consent) for these types of messages.

You don’t have to include opt-out keywords in sample messaging for conversational messages.

: If you want to send the customer informational or promotional messages at a later time, you would need to ask for the customer's consent again. Permission granted for sending conversational messages does not imply permission to send these other types of messaging.

: If you own a flower shop and meet a customer interested in flowers for their wedding, you can ask them to text you to discuss the details. When they text you at the number you gave them, the customer permits you to talk about that specific topic.

However, if you want to send them reminders about upcoming specials or advertisements, you must obtain their consent again and document it (i.e., written consent that you document and track).

Informational messages share important information like appointment reminders or shipping updates. Your business can't send these messages without obtaining permission first. You can get permission using a sign-up form on your website, a signed paper form, or confirmation by phone. You will need to detail how you received consent (e.g., phone script, website form, etc.). In cases where consent was obtained verbally, you will need to also detail the language used to ask for permission from customer(s).

Informational messages must include opt-out keywords.

: A patient at a doctor's office might sign up to get text messages about appointments or test results by signing a form when they check in. The doctor’s office must keep the form on file. The first SMS to the patient must also include the opt-out keyword they can use to stop receiving further texts (e.g., “This is Dr. X’s office. We will send you test results as soon as they come in. Reply STOP to opt out at any time.”)

However, this doesn’t allow the doctor’s office to send messages on information like special offers on new treatments. The patient would need to complete a separate written consent form. Alternatively, the original form could have two boxes for patients to check off—one for informational and another for marketing. The box(es) they check off would count as signing up for that type of messaging.

Alternatively, if the patient texts a nurse asking questions about their recent visit, this message counts as conversational with implied consent. As long as the patient and nurse text back and forth, the doctor’s office doesn’t need to document verbal or written consent.

Promotional messages promote or sell products and services via text message to customers. They can include sales, discounts, promotions and exclusive deals. Businesses must get express written consent before sending this type of SMS. You must also keep a record of consent and log all permission obtained from recipients. A website intake form counts as written consent if you provide explicit language on the page describing the intended use of the customer’s number. You are also required to comply with opt-out requests.

: You own a rare national bookstore and use SMS to communicate promotional deals and upcoming events. You received consent from customers by having them complete an online website form. The website form included explicit language describing how their number would receive promotional messages. By completing this form, your business now has a documented form to log your files and the permission to send deals and upcoming event SMS.

When sending the first SMS message, you’ll need to include a message with the opt-out keyword specified in your registration (e.g., “Thanks for signing up to receive info about our upcoming events at the bookstore. Reply STOP to opt out at any time.”)

If the bookstore registered for a mixed campaign in the Admin Portal, you only need to get consent once for multiple promotional and informational campaigns. If you don’t utilize a mixed campaign, then you can only send the one type of promotional message that customers signed up for. This means you can’t send SMS about books on hold coming in or shipping statuses without getting consent again.

If the customer texts you asking about a specific book and you respond, then this type of message counts as conversational and doesn’t require documented consent.

Businesses must record how the recipient provided consent for SMS. Information to log may include the date and time of opt-in, method used to give consent (digital form, physical sign-up form, website SMS keyword, etc.), language and action used to secure consent, and recipient’s identity.

When collecting consent from customers, businesses must provide examples of their consent language as part of the TCR registration in the Admin Portal. The language should be clear and specific about the types of messages, frequency, and how recipients can opt out of future messages. Please note that your business and/or industry may have additional requirements to consider.

Businesses can obtain consent from customers through a digital medium, such as a website form that asks for the customer's name and mobile number, and explicitly advises customers that by entering this information, they consent to receive SMS. When the customer clicks the button, the response is automatically stored and documented.

Businesses can use online form creation sources like Google Forms, Microsoft Forms, and Jotform to store responses automatically. These sources also provide the HTML code for the form you can paste on your website. You can also create a form on your website and send the entries to your business email address.

: You can use this above method for informational messaging as well.

Businesses can also obtain consent through a paper form that customers sign, date, and/or tick a checkbox on. The form should include language clearly stating that by signing, the customer gives consent to receive promotional SMS messages. You must keep a copy of each recipient’s signed form as documentation for tracking purposes.

You must allow recipients to opt out of future messages if they send you a text with an opt-out keyword (e.g., ). Businesses sending promotional SMS must provide this opt-out keyword as part of the initial text message to consumers (individual and bulk groups). You can’t send a text from another number your business owns if a recipient opts out of messaging of this type.

: You might own a restaurant and send messages from several different phone numbers. If a customer opts out of receiving SMS for the restaurant’s mixed campaign, you can’t send them further SMS from other numbers associated with that campaign. However, if that same customer is signed up for a separate campaign as well, you may continue sending SMS until they reply with the appropriate opt-out keyword.

You must log and document all opt-out requests in case you need to provide proof at a later date. You can keep a list of recipients who opted out using a customer relationship management (CRM) tool, Google Sheets, Excel, Microsoft Word, etc. : This also applies to informational messaging.