1
Know the purpose of every message you send
The type of consent you need depends entirely on what your message does. Informational texts — like appointment reminders or opt-in confirmations — require prior express consent, which can be oral or written. Marketing texts require a higher bar.
2
Get express prior written consent before any marketing text
Express — don't bundle consent with your Terms of Service. Prior — don't use a text to request consent, only to confirm it. Written — a checked box or "I Accept" click qualifies.
Always disclose that messages are sent using automated technology, and clarify that consent is never a condition of purchase.
3
Be 100% certain a message is informational before skipping written consent
Any marketing content — even a small promotional mention — turns an informational text into a marketing text. When in doubt, treat it as marketing and get written consent.
One exception: a single informational text sent within 5 minutes of a consumer's request, containing only the requested info, does not require prior consent.
4
Build a system to track consent
Keep consent records for at least four years. Each record should include the consumer's name, number type (wireless vs. wireline), date and time of consent, and the message types they agreed to receive.
Regularly scrub your list against Do Not Call lists, ported number lists, and your own consent records.
5
Track revocations and reassigned numbers
Include STOP instructions in every message and honor any revocation made by any reasonable means. If a number is reassigned to a new person, your prior consent is void — and you only get one accidental message to the new owner.
6
Set up your program and campaigns the right way
Always identify your business in every message. State how often subscribers will hear from you. Include HELP and STOP keywords. Provide a customer service contact. Link to your full terms and conditions.
Note any carrier charges ("Msg&Data Rates May Apply") and never include SHAFT content — Sex, Hate, Alcohol, Firearms, or Tobacco/Vape — in any campaign.
For more information about Telephone Marketing in general, see Marketing Best Practices: Telephone Marketing. For more on Text Marketing restrictions from the Federal Communications Commission (FCC), see https://www.fcc.gov/general/enforcement-advisories for EA2016-06, from 11-18-2016.
This “Best Practices” content is provided for convenience and information only and is not intended as legal advice. We do not claim that this information represents an accurate summary of the laws in this area or that it will be updated for any changes. Please consult an attorney for questions about your compliance with applicable laws.
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