Guidelines for Obtaining User Consent to Receive Text Messages

Employee SMS
Feb 13, 2025
Jay Nasibov

Imagine your business sends out a marketing text message only to face a hefty fine or lose a potential customer’s trust. Why? Because you didn’t have their consent. Having recipients' consent to receive text messages not only avoids legal trouble but also establishes meaningful, respectful communication with your audience.

You may be surprised to know that 91% of customers prefer texting over calls from businesses. But here’s the catch—they want control over what lands in their inbox. Without proper SMS consent, businesses risk not only compliance issues but also damaging customer relationships.

In this blog, we’ll explore why SMS consent matters and how to secure it effectively. From understanding different types of user consent to compliance best practices, you’ll learn how to keep your messaging both lawful and impactful while building trust with every text. 

Understanding the Need for SMS Consent From Users/Customers 

SMS facilitates direct communication, making it a powerful tool for your business. But sending texts without proper consent from the recipients can harm your reputation and lead to hefty fines.

When customers share their phone numbers, they expect their privacy to be respected. Consent ensures you're respecting their choice while staying compliant. Businesses must understand the difference between express and implied consent. Express consent means a user clearly agrees to receive messages. Implied consent is assumed, like when a customer texts your business first.

For example:

  • When a customer signs up for promotional messages on your website, that’s express consent. 
  • And, when a user texts a query about your services and you reply, that counts as implied consent. 

How to get SMS consent depends on the type of message you send. It isn’t the same for all message campaigns. Udext helps you streamline consent processes, keeping your communications clear and compliant!

When you know the best of obtaining consent for different text types your messaging stays on track. The next section is all about it.    

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Types of Text Messages and Required Consent

Consent requirements vary according to the types of text messages you want to send. Understanding these distinctions helps you comply with laws and respect customer preferences. Let’s break down the types of messages and the consent needed for each. 

1. Conversational Text Messages

Conversational messages are casual, two-way communications. These occur when customers initiate contact, allowing you to reply without prior express consent. This interaction is based on implied consent because the customer expects a response to their query. 

Examples:

  • A customer texts to ask about business hours, and you respond.
  • A user inquires about a product's availability through text.

However, you should try to keep these messages within the boundaries of the initial inquiry. Sending unrelated texts without clear consent can lead to complaints. 

2. Informational Text Messages

Informational messages provide important updates without promoting products or services. These texts are helpful and often expected by customers, but they require express consent. Consent is usually obtained during a transaction or account setup. 

Examples:

  • Appointment reminders for a scheduled service.
  • Notifications about a shipping delay or order confirmation.

Customers must agree to receive these updates when they provide their contact information. For instance, they might check a box during checkout to allow updates via text. 

3. Promotional Text Messages

Promotional texts are used for marketing purposes. These messages aim to increase sales, attract new customers, or promote events. Because they are business-driven and not customer-initiated, express written consent is mandatory.  

Examples:

  • "Get 20% off your next order! Use code SAVE20."
  • "Exclusive early access to our holiday sale starts now!"

Written consent often involves a clear opt-in process. For example, customers might text a keyword to a specific number to subscribe. Businesses like Udext simplify consent collection, ensuring compliance while growing customer engagement.

Key Rule: Always disclose your intent to send promotional texts and provide clear opt-out options.

Now that you can categorize different types of text messages, you can reach out to your target audience correctly and get consent to receive text messages. 

How to Obtain and Manage SMS Consent for Compliance and Trust

Securing consent to receive text messages is crucial for compliance and building customer trust. This section outlines the best practices for obtaining and managing SMS consent to ensure your communication is both legal and respectful.  

1. Create a Clear Opt-In Process

A well-structured opt-in process ensures that customers understand what they’re signing up for and gives them control over the messages they receive. Here's how to implement an effective opt-in process:

Steps for an Effective Opt-In Process:

  1. Transparency:
    Clearly state what types of messages customers will receive (e.g., promotions, order updates).
  2. Actionable Opt-In:
    Require users to take a deliberate action, such as checking a consent box or texting a keyword.
  3. Double Opt-In (Optional):
    For added security, send a confirmation message to verify the customer’s consent.

Example:
A user visits your website and sees a form stating:
“Sign up to receive order updates and exclusive deals via text. Standard rates may apply.”
They enter their phone number, check the consent box, and submit the form. 

2. Maintain an Effective Consent Language

When collecting consent, using clear and compliant language is essential to avoid misunderstandings. Customers must know they’re agreeing to receive marketing messages.

Best Practices for Consent Language:

  • Clearly state that they will receive promotional or marketing texts.
  • Mention message frequency (e.g., "3-5 messages per month").
  • Disclose any potential charges (e.g., “Msg & data rates may apply”).
  • Provide an opt-out option (e.g., "Reply STOP to unsubscribe").

Examples of Consent Language:

  • “By providing your phone number, you consent to receive text messages about exclusive offers, updates, and promotions. Message frequency varies. Reply STOP to opt-out. Standard text rates apply.”
  • “I agree to receive marketing text messages from [Brand]. Msg rates may apply. Reply STOP to unsubscribe.” 

3. Confirm Opt-Ins with a Welcome Message

After a customer opts in, sending a confirmation message reassures them of their choice and sets clear expectations.

Why Confirmation Messages Matter:

  • Verifies that the correct phone number was provided.
  • Clearly communicates what the customer will receive.
  • Reduces potential complaints and legal risks.

Example of a Confirmation Message:
“Thank you for subscribing to [Business Name]! You’ll receive 3-5 promotional texts per month. Reply STOP to unsubscribe.” 

4. Maintain Compliance with Consent Documentation

Proper documentation is critical to proving consent in case of audits or disputes. Here’s how to securely manage your records:

Best Practices for Consent Documentation:

  • Record Details: Log the phone number, date, time, and method of consent (e.g., online form, SMS keyword).
  • Store Proof Securely: Keep opt-in forms, screenshots, and logs from SMS platforms.
  • Update Regularly: Review records to remove outdated or revoked consents.
  • Save Logs: Maintain logs of all consent messages and confirmations.

Why Documentation Matters:
Regulations like the TCPA require businesses to prove they obtained consent. Failing to do so could result in fines or lawsuits. For example, if a customer claims they never agreed to receive texts, a timestamped log of their opt-in form can protect your business.  

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Examples of SMS Consent Collection

Collecting consent to receive text messages involves clear communication and reliable methods. Here are examples of effective approaches. 

Using Web Forms and Integration with Digital Tools

Web forms are a popular and efficient way to gather consent. They’re versatile and easy to customize.

How It Works:

  • Include a checkbox that states, “I consent to receive text messages from [Brand].”
  • Require users to actively check the box. Pre-checked boxes are not compliant.
  • Integrate the form with a CRM or SMS platform to store consent records securely.

Example:

E-commerce platforms often use checkout forms to gather consent. After a purchase, users may see:

“Get order updates via text. Check here to consent to receive text messages.”

Udext helps you streamline this process by syncing web form data with SMS tools. 

Text/SMS Keyword Opt-In Procedures

Keyword opt-ins are simple and widely used. They’re effective for promotional or informational campaigns.

How It Works:

  • A business advertises a keyword (e.g., “Text JOIN to 12345”).
  • When users text the keyword, they receive an automatic confirmation message.
  • The confirmation message includes terms like expected message frequency and opt-out options.

Example:

A retail store could promote:

“Text DEALS to 56789 to get weekly discounts. Reply STOP to opt-out anytime.”

This method works well for engaging users quickly and tracking consent in real time. 

Paper Form Examples and Requirements

Paper forms are less common but still valuable in certain settings, like trade shows or physical stores.

How It Works:

  • Include a clear statement about the consent to receive text messages.
  • Provide space for users to sign and date the form.
  • Digitize records by scanning and uploading them to your system.

Example:

“By signing below, I consent to receive text messages about promotions and updates from [Brand].”

Pro Tip: Ensure a copy of the form is available to the recipient if requested. 

Choosing the right method depends on your audience and business model. Collecting consent thoughtfully builds trust and ensures compliance. 

Moving forward, let’s look at some best practices to maintain SMS compliance. 

Best Practices for SMS Compliance

Compliance not only helps avoiding penalties but also builds trust with your audience. To remain compliant, follow these essential practices for managing consent to receive text messages responsibly. 

1. Inform Recipients About Message Frequency and Costs

Transparency builds trust and prevents complaints. Be upfront about how often you’ll message and any potential costs. Make sure to include the following details: 

  • Expected frequency, such as “Receive 4-6 texts per month.”
  • Standard message and data rates disclosure.

Example:

“Sign up to receive 2-3 promotional texts weekly. Standard messaging rates may apply.”

This clarity ensures recipients know what to expect, reducing opt-outs and misunderstandings. 

2. Record and Update Consent Records

Accurate and updated consent records protect your business during audits or disputes. Regularly reviewing your records ensures compliance with changing regulations. Here are a few best practices to help you: 

  • Log Key Details: Record the phone number, opt-in date, time, and method (e.g., web form or keyword).
  • Audit Periodically: Check records for expired or revoked consents.
  • Secure Storage: Store all logs securely, whether in cloud systems or databases.

Thus if a recipient claims they didn’t provide consent, having a detailed record proves your compliance.  

3. Provide Opt-Out Options and Avoid Predatory Communications

Offering an easy way to opt out is non-negotiable. It respects customer choice and is legally required. Avoid sending unsolicited messages or overly aggressive promotions. To ensure compliance, you should: 

  • Include clear opt-out instructions in every message. For example: “Reply STOP to unsubscribe.”
  • Honor opt-out requests immediately.
  • Avoid high-frequency messaging that feels invasive.

Example of Opt-Out Messaging:

“Thanks for subscribing to [Brand]! Reply STOP to unsubscribe or HELP for more info.”

What to Avoid:

  • Repeatedly messaging recipients who opted out.
  • Sending misleading or high-pressure texts.
  • Respectful communication builds loyalty and ensures long-term compliance.

Sticking to these best practices helps you meet regulations and maintain customer trust. Next, we’ll explore the legal and regulatory frameworks that govern SMS communications and consent. 

Legal and Regulatory Overview

Staying compliant with laws governing text communications is crucial. The Telephone Consumer Protection Act (TCPA) regulates how businesses send text messages. It ensures customer protection against unwanted communications. The law requires businesses to get proper consent to receive text messages. Non-compliance can result in hefty penalties. 

Key TCPA Provisions:

  • Written consent is mandatory for promotional texts.
  • Unsolicited texts are prohibited unless there’s prior express consent.
  • Opt-out options must always be provided.
  • The TCPA applies to all businesses operating in the U.S., regardless of size or industry.  

Other Important Regulatory Bodies and Their Roles

Several organizations oversee text messaging compliance. Each plays a distinct role in enforcing regulations.  

1. Federal Communications Commission (FCC):

  • Enforces the TCPA.
  • Handles complaints about unsolicited text messages. 

2. Federal Trade Commission (FTC):

  • Monitors fraudulent or misleading texts.
  • Protects consumers from deceptive marketing practices.

3. State-Level Authorities:

  • Some states have additional requirements.
  • They work alongside federal agencies to enforce SMS compliance.

For businesses, understanding these regulators ensures you align with both federal and local rules. 

Consequences of Non-Compliance

Non-compliance with SMS regulations carries significant consequences. These penalties can harm your finances and reputation. Potential consequences can be:

  • Fines: TCPA violations can result in fines of $500 to $1,500 per message.
  • Class-Action Lawsuits: Non-compliance may lead to costly legal battles.
  • Loss of Trust: Customers who feel misled may leave negative reviews or unsubscribe.

In 2022, a U.S. retailer, HelloFresh paid millions in fines for sending unsolicited texts without proper consent. Cases like this highlight the importance of securing consent to receive text messages correctly.

Understanding legal requirements protects your business and builds trust with your audience.   

Wrapping Up

Securing consent to receive text messages is crucial for compliance and customer trust. Following the right processes not only protects your business but also fosters stronger relationships with your audience. Whether you’re using web forms, keyword opt-ins, or paper forms, ensure transparency and accuracy in your approach.

Udext offers reliable tools to simplify your consent collection process. From managing opt-ins to keeping detailed consent records, Udext ensures you stay compliant while maximizing engagement.

Want to streamline your SMS consent process? Try Udext today and see how it helps your communication strategy!

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