DISCLAIMER: The information provided below is not legal advice and is for general informational purposes only. You must obtain advice from a legal council on SMS Compliance for TCPA and CTIA as you assume all responsibility for all legal matters.
Text messaging is one of the most effective, if not the best, ways to reach customers, boasting open rates as high as 98% and incredibly rapid response times. But before your business hits "send", there’s one critical step you must take: get consent.
Failing to obtain proper consent can result in hefty fines, lost trust, and even legal trouble. Whether you're sending promotional texts, appointment reminders, or shipping updates, compliance with regulations like the Telephone Consumer Protection Act (TCPA) in the U.S. or Canada’s Anti-Spam Legislation (CASL) is non-negotiable.
In this article, we’ll walk you through the steps to legally and ethically obtain customer consent for business text messaging.
Why SMS Consent Matters
Consent isn’t just a legal checkbox. It’s the foundation of customer trust and engagement. When customers knowingly opt in to receive your texts, they’re more likely to read, engage with, and act on your messages.
Here's why it matters:
- Legal compliance: Avoid fines from regulatory bodies.
- Customer experience: Build trust with clear, respectful communication.
- List quality: An opted-in list ensures better engagement and conversion rates.
Understand the Two Types of Consent
There are two primary forms of consent for text messaging:
Express Written Consent (Required for Businesses)
Consent is generally required to send text messages to consumers, even if the messages are not promotional or marketing in nature. Under the Telephone Consumer Protection Act (TCPA), businesses must obtain prior express consent before sending any text messages to consumers. This includes informational or transactional messages, such as appointment reminders or service updates. For promotional messages such as sales, coupons, or new product alerts, you must obtain express written consent.
This can be collected digitally, such as through a checkbox on a website or a text-to-join keyword system.
Acceptable methods:
- Checkbox on a web form (unchecked by default)
- Texting a keyword to the business phone number or a short code (e.g., “Text JOIN to 12345”)
- Paper forms or contracts with clear opt-in language
Example of SMS Consent Section (for Paper Form or Contract)
SMS Notifications & Marketing Consent
☐ Yes, I agree to receive text messages from [Your Business Name] at the phone number provided below.
These messages may include appointment reminders, order updates, promotional offers, and other relevant business communications. Message frequency may vary. Standard message and data rates may apply. Reply STOP at any time to unsubscribe.
Phone Number: ___________________________
Customer Signature: _______________________ Date: ___________
Why This Works:
- Checkbox is not pre-checked – ensures affirmative action
- Clear business name and message types – transparent expectations
- Disclosure of message/data rates and opt-out option – legal compliance
- Signature and date fields – creates a record of consent
Implied Consent (Limited Use)
In some jurisdictions and situations, implied consent may apply, such as when a customer has an ongoing business relationship with you. However, this typically covers only transactional or informational messages (e.g., appointment reminders, delivery notifications).
When in doubt, always aim for express consent.
Examples of messages allowed with implied consent:
- Order confirmations
- Appointment reminders
- Shipping notifications
Use Clear Opt-In Language
Whether you collect consent via web form, keyword campaign, or paper sign-up, always use clear and conspicuous language. Include:
- What types of messages customers can expect
- Message frequency
- A disclosure that message and data rates may apply
- Instructions on how to opt out
Example:
By entering your phone number, you agree to receive promotional text messages from [Your Business Name]. Message frequency may vary. Msg & data rates may apply. Text STOP to opt out.
Use Double Opt-In (Recommended)
To further protect your business and improve list quality, consider implementing a double opt-in system. After someone signs up, send a confirmation message asking them to reply “YES” to confirm their subscription. With Texty Pro Business Text Messaging Service, the double opt-in is built into the system. When you send a text to a customer for the first time, a consent message is automatically sent along with your first message. This message includes instructions on how to opt in by replying 'Y' and how to opt out. Alternatively, if the customer initiates the text message for the first time, they will receive a consent message informing them that they will start receiving texts from you and providing instructions on how to opt out.
This extra step ensures:
- You're reaching genuinely interested customers
- You have a verifiable record of consent
- You reduce spam complaints and opt-outs
Document and Store Consent Records
Keep detailed records of how and when each customer gave consent. This may include:
- Timestamp of the opt-in
- Source (e.g., website form, in-store sign-up)
- Copy of the exact language used at the time of sign-up
- Phone number and any confirmation messages
These records will be crucial if your business ever faces a compliance inquiry.
Make Opt-Out Easy
Every message should include a simple way to unsubscribe—typically by replying “STOP.” Not only is this required by law, but it also shows respect for your customer’s preferences.
Example:
“Get 10% off your next order! Shop now at yoursite.com. Reply STOP to unsubscribe.”
Train Your Team
Make sure your marketing, sales, and customer service teams understand the importance of consent and follow proper procedures when collecting phone numbers or sending messages.
Final Thoughts
Getting SMS consent is more than a formality—it's a smart business move. By prioritizing transparency, compliance, and customer respect, you’ll build a stronger brand and foster deeper relationships through one of the most direct communication channels available.
