At first glance, the rules for getting SMS consent can seem as clear as mud. You want to make sure you cover all your bases, but it can be next to impossible to find a clear breakdown of information.
If you’re trying to stay compliant and aren’t sure what to do, good news: we’re going over everything you need to send legal SMS messages and prove consent for A2P 10DLC registration.
While we’ll cover a lot of ground, the basic guidelines for getting SMS consent are:
- General messages typically require a consumer’s consent, with some exceptions (this article dives into when you need consent and the exceptions).
- Marketing messages require express written consent from consumers, usually in the form of double opt-in.
- Recipients must be able to opt out, or revoke their consent at any time.
Keep reading as we break down how to get consent for different types of messages and avoid having your messages improperly filtered by mobile carriers.
📋 How to collect SMS consent (with examples)
Compliance starts with a proper SMS opt-in method. Below are four common ways to collect SMS consent, complete with templates you can use for A2P 10DLC registration.
1. Web form opt-in
Web forms are a convenient way to collect email subscriptions and SMS consent. If you use this method, you’ll need to provide a link to the form during registration for review.
If you use Jotform as your online form builder, you can grab a copy of our SMS-compliant opt-in form for your website.
Then, you can connect it with Zapier to automate confirmation texts. Once a user fills out a form on your website, Zapier pushes the data to an Excel sheet and triggers Quo to send an A2P message.
Double opt-in confirmation text example
A confirmation text is a great way to avoid accidental subscriptions (and angry recipients).
This double opt-in example from PetSmart follows up with a confirmation text:
2. Text message/SMS keyword opt-in
If your business is running an SMS promotion, you can use keywords and shortcodes to collect opt-ins at scale.
If you select this method during registration, you need to provide the keyword used in your sign-up campaign. Describe where customers can find the keyword and what happens when they text the keyword to your toll-free number.
Text message/SMS keyword opt in example
Text OFFER to 12345, and receive a $10 off coupon storewide.
Don’t forget to include legal disclosures like:
No purchase necessary. Limited time offer only available while supplies last. See Rules at [URL] for details, Zip Code eligibility, and restrictions. Message and data rates may apply. Text STOP to opt out. Text HELP for information. Consent is not required to buy goods and services. View Terms and Mobile Privacy Policy at [URL].
*Note: If you’re a Quo customer, keep in mind that we don’t support promotional text messaging and this opt-in method.
3. Paper form opt-in
If you manage a brick-and-mortar business, paper opt-in forms are an effective way to enroll visitors into your SMS campaigns, such as the medical practice’s consent form below.
If you select this consent option when registering your number for texting, you’ll need to upload a photo or screenshot of the consent form.
Just like digital forms, you need to include opt-in and opt-out information. You also have to maintain consent records, like:
- Date
- Time
- Type of campaign
- Recipient phone number
- Recipient name
Paper form opt in example
Would you like to stay updated with important information from [business name]? We’re pleased to offer you the option to receive text message reminders about your account. This service is optional, and you’ll continue to receive notices by mail regardless of your choice to opt in for text messages.
Your privacy and security are our top priorities. Before proceeding, please note that text messages are not confidential. Anyone with access to your cell phone may view these messages. Additionally, your service provider and [business name] may have access to these messages. Standard text message rates may apply, depending on your service provider.
We will only send you text messages with your explicit consent. By agreeing to this Consent for Text Messaging Agreement, you authorize [business name] to send you text messages regarding appointments, renewals, and other information related to your account. You can opt out of this service at any time by texting STOP to any message. For assistance, text HELP or get help directly at [support email or toll-free number]. You can request a copy of our terms of service and privacy policies at any time.
Please return this form in the attached envelope.
I understand this service is optional, and I can stop it at any time. I would like to receive text messages from [business name].
𝤿 Yes 𝤿 No
Printed name:
Date of birth:
Signature:
Date:
Cell phone number:
Account number:
4. Verbal opt-in
It’s common for sales or support reps to ask for consent to send text messages during a phone conversation. If you register this as your opt-in method, you can share the script you use.
Verbal opt-in example
Rep: “Would you like us to send you real-time updates on your support ticket via text? Just say YES if that works for you.”
Customer: “Yes, please.”
Rep: “Awesome — you’ll receive a confirmation text shortly to complete the opt-in.”
✅ SMS opt-in checklist: What to include in forms and texts
To get your texting campaign approved for 10DLC registration and stay compliant, you’ll need to meet specific SMS opt-in requirements. Use this checklist to guide your setup and avoid common 10DLC compliance pitfalls.
Before we dive in, here are a few quick notes:
- SMS opt-in requirements vary by region. This guide focuses on FCC-issued TCPA compliance and Cellular Telecommunications Industry Association (CTIA) best practices in the US. If you’re in the EU (or messaging EU customers), you should review GDPR compliance requirements.
- Mobile network operators like T-Mobile and AT&T require A2P 10DLC registration to protect their customers from spam. This applies to anyone using a virtual number to text customers with US phone numbers.
- This post is for informational purposes only as of the date above and should not be considered legal advice. If you have questions or concerns regarding your specific circumstances not outlined by the FCC or CTIA, you should consult with a lawyer.
Now, without further ado, let’s dive into the checklist.
1. Create a compliant SMS opt-in process
These steps can help you gather proper consent for informational and promotional texting campaigns.
- Explicit prior consent: You must obtain clear and explicit consent from users before sending them SMS messages. Consent can be verbal, written, or collected via a web form, paper form, or text/SMS keyword.
- Double opt-in for promotional texts: A second confirmation ensures recipients truly want to hear from you. For example, once a customer gives consent through a web form, send a text asking them to confirm with a keyword (like ‘YES’). This is highly recommended for marketing messages.
- Opt-in confirmation message: Send a confirmation message after users opt in so you can verify their subscription before sending additional messages. This could say something like, “Thanks for subscribing to [business name] text messages! Reply HELP for help and STOP to stop. Message rates may apply. Message frequency varies. See terms and privacy policy here: [URL].”
- Single use only: You cannot transfer customer consent to different SMS campaigns or phone numbers. Let’s say someone agrees to receive store discounts over text. That doesn’t mean your sales rep can start texting them about new product launches without additional consent.
2. Use clear SMS consent language
Your opt-in form, initial texts to contacts, and anywhere you post your texting number need to use compliant language. Make sure you include these elements:
- Program name: Clearly identify your business and describe what users are opting in to. For example, you could say: “By checking this box, you agree to receive appointment reminders and other pertinent account information via SMS messages from [business name].”
- Phone number: Add the phone number you’ll send messages from so recipients recognize who the messages are coming from.
- Terms and Conditions + Privacy policy: Provide links to your terms of service and privacy policy. Here’s a template that covers the minimum requirements for mobile carriers:
Terms of service and privacy policy template
[Program name]
1. [Insert program description here; this is a brief description of the kinds of messages users can expect to receive when they opt in.]
2. You can cancel the SMS service at any time. Just text “STOP” to the phone number you received the message from. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, sign up like you did the first time, and we will start sending SMS messages to you again.
3. If you experience issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at [support email address or toll-free number].
4. Carriers are not liable for delayed or undelivered messages.
5. Message and data rates may apply for messages sent to you from us and to us from you. You will receive [message frequency]. If you have questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have questions regarding privacy, please read our privacy policy: [Privacy Policy URL].
Need a privacy policy, too? Check out our SMS privacy policy template.
- Purpose: Be transparent about what users are signing up for — especially for marketing content that requires express written consent. For example, you could say: “We’ll send you promotional messages, including abandoned cart notifications, up to four times per month.”
- Opt-out instructions: Provide clear instructions on how subscribers can unsubscribe. This should be present in your confirmation message as well as your opt-in page. Try including language like “Reply STOP to cancel” or “To unsubscribe, reply END.”
- Permission: You must include language like “You agree to…” or “You consent to receive…” This ensures recipients know what they’re getting into.
- Help instructions: This explains how customers can get more information about your text program. You only need a simple phrase such as “Text HELP for help” or “You can get help directly at [support email address or toll-free number].”
- Message and data rates may apply: You must alert recipients that their carrier may charge fees for receiving texts from your company (depending on their phone plan).
- Message frequency: You must clearly state how frequently the recipient will get your texts. If you’re not sure how frequently you’ll text, you can say, “Message frequency varies.”
- Transaction: It’s illegal to make opting in to SMS a requirement to buy from your business. To ensure you remain compliant, add the phrase, “Consent is not a condition to purchase.”
- Include a checkbox for any opt-in form: This checkbox must be selectable by the user who wants to opt-in — it should not be pre-selected.
3. Keep opt-in records and follow texting best practices
The following list can help you stay compliant any time your business texts manually or automatically.
- Records of consent: You must maintain records of SMS subscriber consent. The CTIA recommends including the date, time, method of opt-in, type of campaign, phone number, identity (name), and IP address, if applicable. Keep proof of consent even after a contact opts out of receiving messages; you can do this using a CRM or phone system that automatically logs opt-in details (like Quo).
- Maintaining compliance: Continue to obtain proper consent before texting your contacts. And make sure to only send text messages based on the campaign information you provided when registering for A2P 10DLC.
- Format texts to avoid red flags: Don’t send texts in ALL CAPS or with shortened URLs (like bit.ly). Either one is likely to get flagged by your recipient carrier’s spam filters.
- Avoid texting contacts outside of work hours: To stay TCPA compliant, schedule texts during business hours (8:00 AM to 9:00 PM) in the recipient’s time zone. Quo users can schedule texts to stay compliant.
📝 Types of text messages and the consent each requires
According to the CTIA, there are three types of SMS campaigns: informational, promotional, and conversational messaging. If you don’t run traditional marketing campaigns, think of these as the typical types of text messages your business sends out.
Here are best practices and what you should know about each one.
Conversational text messages
Conversational text messages are one-on-one conversations typically initiated by the customer. They may have a pre-existing relationship with your business or want something specific from a member of your team.
A few examples include:
- Questions about business hours (e.g., When are you open?)
- Quote requests (e.g., Can you give me an estimate?)
- Referral texts (e.g., My friend told me you had a product for sale.)
With conversational texts, consent is implied if the customer texts you first. Otherwise, you must get verbal or written opt-in consent.
What is implied consent?
Implied consent isn’t explicitly given by a customer; it’s inferred — when you respond to a message from your customer. It’s important to note that implied consent can only be applied to the conversation at hand. So, if a customer reaches out for support, you don’t have consent to send them promotional messages.
Informational text messages
Informational texts provide information to your contacts before or after they become a customer. These messages must be informative in nature, which means they can’t contain any kind of promotion.
Examples of informational SMS messages include:
- Appointment reminders
- Order confirmations
- Shipping updates
Express consent is required for informational text messages.
What is express consent?
Express consent means your recipients clearly agreed to receive text messages by opting in. You must have your recipient’s express permission on a website form, paper document, or verbal. There must also be a way to unsubscribe if the recipient no longer wishes to receive your informational texts.
If you’re not sure how to do this, we wrote a guide to SMS opt-in examples so you can look at a few templates.
Promotional text messages
Promotional texts are designed to sell or promote your products and services. They are sometimes referred to as SMS marketing campaigns, which are subject to slightly stricter rules under Federal law.
Promotional/transactional messages may include:
- Specials, coupons, and other discounts
- Sweepstakes and contests
- New product announcements
Keep in mind that if you are a Quo customer, we don’t support promotional texting through our platform.
Express written consent is required for promotional/transactional messages.
What is express written consent?
According to guidelines outlined in the CTIA’s Messaging Principles and Best Practices handbook:
The Consumer should give express written permission before a Non-Consumer sends them a text message. Consumers may sign a form, check a box online, or otherwise provide consent to receive promotional text messages.
It’s also a good idea to implement a double opt-in before sending marketing texts, which we cover in our guide to the Telephone Consumer Protection Act-friendly opt-ins.
👍Helpful tips for A2P 10DLC campaign approval
Looking to get your message campaigns approved via US carrier registration or toll-free verification?
Below are some helpful instructions to get you started as you fill out the ‘campaign information’ and ‘message examples’ sections of the registration form. Note that the wording of these sections on the form may be slightly different, depending on your service provider.
1. Explain the types of messages you send
First, you must describe the type of messages (or campaigns) you want to send. For Quo customers, this is under “How will your business use text messaging day to day?”
The actual language you use depends on your business and the types of text messages you intend to send. If you’re a property management firm trying to book showings, you could say: “Our property management business will send a showing confirmation text after someone opts in after scheduling an apartment viewing on our website.”
You could also say something like: “Our property management business will send texts about new apartments in the area after someone opts in to agreeing to receive texts about new properties on our website.”
2. Provide compliant message examples
Next, you must provide at least two sample text messages your business typically sends. Make sure you include opt-out keywords and indicate templated fields if you send templated messages.
You must also include opt-out language in at least one of your sample text messages. We recommend sharing more than two if you have other use cases for messages (like appointment reminders and surveys).
This could look like:
Hi there! This is [business name]. Thanks for scheduling an apartment viewing with us. We look forward to showing you around! Reply STOP to opt out of future messages or HELP for help. Message frequency varies. Message and data rates may apply. T&C: [URL].
Or:
Hey there! Thanks for opting in to receive updates from [business name] about new apartments in the area. Get ready for the latest listings and exclusive offers! Message frequency varies. Text HELP for help or text STOP to cancel. Message and data rates may apply. T&C: [URL].
3. Show how you collect consent
You also need to describe your opt-in method(s). Make sure they’re live on your website before attempting US carrier registration.
This could look like a web form with compliant opt-in language, like in this example from American Eagle:
Otherwise, you may have delays in getting approval or your campaign may be rejected.
If you’re still uncertain about SMS consent language for your call to action, check out the checklist above for help.
Additional tips for getting approved
Before submitting your TCR application, be sure your website is fully functional (with a properly working link) and secure. A broken link or a “this site is not secure” message can cause your application to be rejected.
Plus, any web form with a mandatory phone number field must have opt-in language and SMS disclosures. The form should also include an opt-in box where visitors can consent to receive messages. As mentioned earlier, the checkbox shouldn’t be pre-selected.
Don’t forget that privacy policies are mandatory for websites (unless you’re a sole proprietor). This needs to include what Personally Identifiable Information (PII) you collect, how it’s used, that it’s not shared or sold to third parties, and how users can opt out. Otherwise, your SMS campaign may get rejected.
Make SMS consent simple with Quo (formerly OpenPhone)
Getting SMS consent can seem like a complicated process — or even a little scary if your campaign’s been rejected before. But the good news is we’ve done the heavy lifting for you — this step-by-step compliance checklist can help you cross the finish line.
Know someone else who needs a green light from TCR? Share this checklist and help them get a head start.
And if you’re looking for more texting resources, we’ve got a few you may want to read:
- The essential SMS compliance guide for business texting in the US
- Best practices for sending compliant text messages
- How your contacts can opt out of text messages
- US Carrier Registration
Pssst — have questions about the A2P 10DLC registration process for your Quo workspace? Reach out to Quo Support.
FAQs
No, you need clear consent before texting a customer first — sending an SMS without it can violate regulations like the TCPA.
Yes, even with employees, it’s best to get their written consent before sending texts, especially for anything non-essential or outside work hours.
An example would be someone checking a box on a form that says, “I agree to receive text updates from [company name].”
Not quite: SMS consent needs to be separate and specific, since texting has different legal requirements than email.
It’s not legally required, but it’s highly recommended to confirm that a user really wants to receive your texts and to protect your business.
