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According to a report, 15,220,700 texts are sent every minute of every day worldwide. Text messaging is a powerful tool for businesses, but it comes with strict rules under the Telephone Consumer Protection Act (TCPA).
A key requirement is express written consent, meaning companies must get clear permission before texting customers; apart from exceptional cases like that of user authentication via SMS verification. This protects consumers from unwanted messages and keeps businesses compliant.
What is Express Written Consent?
Express written consent is the foundation of legal SMS marketing under the TCPA. It’s more than just getting permission—it requires a clear and direct agreement from consumers that they want to receive marketing messages.
To meet these standards, businesses must ensure that consent is specific and not obvious, leaving no room for misunderstanding.
You can refer to our detailed guide on best practices for SMS marketing for more understanding on technicalities and regulations regarding SMS.
Key Components of Valid Consent
To ensure that your express written consent meets TCPA standards, it should include the following components
- Identification of the Business
Clearly state the name of your company or organization.
- Purpose of Communication
Explain that the messages will be for marketing purposes.
- Message Frequency
Provide information on how often messages will be sent.
- Potential Charges
Inform the consumer that message and data rates may apply.
- Opt-Out Instructions
Include clear instructions on how to stop receiving messages.
- Terms and Conditions
Provide a link to your full terms and conditions.
- Privacy Policy
Include a link to your privacy policy.
Methods of Obtaining Consent
- Online Forms
Add an unchecked checkbox or toggle for consent, using clear language about what the user is agreeing to.
- Text Message Opt-In
Use a keyword system like "Text JOIN to 12345" and send a confirmation with terms, asking for a reply to confirm.
- Paper Forms
Provide a separate section for SMS consent with clear language and keep a copy for records.
- Verbal Consent with Written Confirmation
Get consent during a call, then send a follow-up text or email for the customer to confirm.
- Mobile App Opt-In
Ask for consent during app registration or through pop-up notifications for messages or notifications.
How to Implement Double Opt-In?
A double opt-in process adds an extra layer of confirmation, enhancing the validity of the consent. Here’s how to implement it
- Initial Opt-In
The consumer provides their phone number and agrees to receive messages.
- Confirmation Message
Send a message asking the user to confirm their subscription.
- Final Confirmation
The user must take an action (e.g., replying YES) to complete the subscription.
Common Pitfalls in Getting Express Written Consent
- Unclear Language
Avoid legal jargon and hidden consent terms. Use simple, clear language that explains the type and frequency of messages customers will receive and keep consent requests separate from other agreements. The distinction between promotional and transactional SMS is also unclear for some cases.
- Pre-Checked Boxes
Never use pre-checked boxes to imply consent. Instead, provide unchecked boxes that require customers to actively opt-in, ensuring they make a deliberate choice to receive messages.
- Lack of Record-Keeping
Maintain detailed records of consent, including timestamps, IP addresses and the exact language used in the consent request. This helps prove compliance if ever questioned.
Conclusion
Obtaining express written consent is essential for compliant and respectful SMS marketing. By using clear, straightforward methods like online forms, text opt-ins or app-based consent, businesses can build trust with their customers.
The same is also required by regulations like A2P 10DLC in the USA or DLT SMS (DLT registration) in India.
Avoiding common pitfalls—such as unclear language, pre-checked boxes and poor record-keeping—ensures that consent is valid and meaningful. Following these best practices not only keeps businesses compliant with the TCPA but also strengthens customer relationships.
