Getting SMS Consent Right
TL;DR:
- You need explicit consent before sending promotional SMS messages
- Use clear, simple language when asking for permission
- Keep secure records of all opt-ins with timestamps
- Make it easy for people to unsubscribe
- Review your consent practices regularly to stay compliant
Getting consent for SMS marketing isn't optional. It's a legal requirement that protects both your business and your customers. Here's how to handle it properly.
Why SMS Consent Matters
Before you send any promotional text messages, you need explicit permission from the recipient. This consent must be verifiable and stored securely to meet compliance standards. Without proper consent, you risk hefty fines and damage to your reputation.
The key word here is "explicit". People need to actively agree to receive your messages. Pre-ticked boxes or buried terms and conditions won't cut it.
Getting Consent the Right Way
Use Plain English
Be upfront about what people are signing up for. A message like "Tick here to receive our weekly deals by text" tells them exactly what to expect. Avoid jargon and don't hide the consent request in small print.
Your consent request should cover:
- What type of messages they'll receive
- How often you'll send them
- That standard message rates apply
Record Everything Properly
You need to capture and store consent data securely. This includes:
- When consent was given (date and time)
- How it was obtained (web form, in-store signup, etc.)
- What the person agreed to receive
- Their contact details
Platforms like QuickSMS handle this automatically, creating timestamped records that you can access if needed. This protects you if anyone questions whether they gave consent.
Confirm the Signup
Send a welcome message that thanks the person and reminds them what they've signed up for. This reinforces transparency and gives them another chance to opt out if they've changed their mind.
Managing Ongoing Consent
Make Opting Out Simple
Every promotional message should include clear instructions for unsubscribing. The standard approach is to include "Reply STOP to opt out" in your messages. When someone opts out, process it immediately and send a confirmation.
Don't make people jump through hoops to unsubscribe. Complicated opt-out processes annoy customers and can land you in regulatory trouble.
Keep Your Records Updated
Regularly review your consent practices to make sure they align with current regulations. Laws change, and what was acceptable last year might not be today.
Also clean your contact lists regularly. Remove anyone who's opted out and check that your consent records are complete and up to date.
FAQs
Do I need consent for transactional messages like order confirmations?
No, you don't need explicit consent for transactional messages that relate to an existing customer relationship. But promotional content still requires consent.
What if someone claims they never gave consent?
This is why secure record-keeping matters. You should be able to show when and how consent was obtained, including the exact wording they agreed to.
Can I transfer consent if I sell my business?
Generally no. Consent is specific to your business and the relationship you have with customers. New owners typically need to obtain fresh consent.
How long should I keep consent records?
Keep them for as long as you're actively marketing to that contact, plus a reasonable period afterwards in case of disputes. Many businesses keep records for 3-7 years.
Jargon Buster
Explicit Consent: Clear, specific agreement to receive marketing messages, usually obtained through an active choice like ticking a box.
Opt-in: The process of someone actively agreeing to receive your messages.
Opt-out: When someone chooses to stop receiving your messages, typically by replying "STOP".
Double Opt-in: A two-step process where someone signs up and then confirms their subscription via email or text.
Wrap-up
SMS consent isn't just about ticking legal boxes. It's about building trust with your customers and running ethical marketing campaigns. Get it right from the start and you'll avoid compliance headaches while building stronger relationships with people who actually want to hear from you.
The investment in proper consent management pays off through better engagement rates, fewer complaints, and the peace of mind that comes with knowing you're operating within the law.
Learn about QuickSMS https://www.quicksms.com/