Consent and opt-in

What an opt-in must include

Whether you collect numbers via a web form, a paper signup, a verbal capture, or an inbound keyword, the consent step must include all of the following near the field where the phone number is entered:

• Brand name — exactly the name registered with the carrier.
• The use case(s) the recipient is opting into — marketing, appointment reminders, account alerts, etc.
• Frequency disclosure — "Message frequency may vary" or a specific rate ("up to 4 messages per month").
• Cost disclaimer — "Standard message and data rates may apply."
• Opt-out instructions — "Reply STOP to opt out."
• Help instructions — "Reply HELP for help."
• Privacy statement — confirmation that the number will not be sold or shared with third parties for marketing (this language must also appear in your privacy policy).

Recommended consent language

By providing your phone number, you agree to receive SMS [appointment reminders / marketing / account notifications] from [Brand Name]. Message frequency may vary. Standard message and data rates may apply. Reply STOP to opt out. Reply HELP for help. We will not share your mobile information with third parties for promotional or marketing purposes.

Add use case-specific language where relevant:

• Marketing — "You are opting into marketing texts."
• Political / charity with donations — "Donations may be solicited."

What is forbidden

• Pre-checked consent boxes. The SMS opt-in checkbox must be unchecked by default. The recipient does the action.
• Bundled consent. "I agree to terms, privacy policy, and SMS marketing" in one checkbox is not valid. SMS consent is its own checkbox.
• Required consent. The SMS opt-in cannot be a mandatory field to access the rest of the form. Opting in must be optional to whatever the form is otherwise collecting.
• Buried consent. Consent language hidden inside a generic Terms & Conditions PDF doesn't count.
• Sharing-based consent. "By submitting you agree we may share your number with our partners" disqualifies the form.

Methods of capturing opt-in

• Web form — most common. Capture and store: a screenshot of the form as the user sees it, the URL, and the form's submitted record (timestamp, IP, the phone field, the unchecked-by-default consent checkbox state when submitted).
• Paper — capture a scan of the signed form. The form must contain all the elements above.
• Verbal — capture a recording or call notes plus the script your rep used. The script must read all the disclosures.
• Inbound keyword — the recipient texts a keyword (e.g. JOIN to a posted number). Capture the inbound message, the keyword, and the source (a flyer, in-store sign, etc.).