Setting up a consent gathering flow
Before sending any SMS messages, it’s crucial to obtain and track your users’ consent. This section provides step-by-step guidance on how to properly describe your consent gathering process when registering for SMS programs. Doing so ensures compliance and reduces the risk of your application being rejected.
By following these guidelines, you’ll increase the chances that your SMS registration will be accepted, while also meeting legal requirements for user consent.
When registering your number as the sender for SMS, carriers and regulatory agencies will carefully review the section describing your consent gathering flow. The name of this section may vary (e.g., Message Flow for 10DLC, Opt-In Flow for TFN) depending on the type of number and relevant regulations. It is essential to provide clear and complete information to reduce the risk of rejections.
Tip: Always include links to your Privacy Policy and Terms of Service when outlining your consent-gathering process. For examples and best practices on structuring these documents, check this article.
Table of contents:
How to collect consent via text message
Collecting consent via private forms (App or Page)
Gathering consent on public web pages
Explicit consent and SMS marketing
1. How to collect consent via text message
This method involves customers providing consent by texting a keyword to a specific number. It is commonly used in marketing campaigns or for service updates.
Explicit Marketing Consent North American regulations require explicit marketing SMS messages to be received. When using a text-to-join method, you must clearly specify which type of messaging the customer is consenting to receive or collect separate consent for each purpose. See more info here
What to include:
Specify whether the consent is for transactional messages, marketing messages, or both
A keyword that the customer texts to opt-in (e.g., "WELCOME" for transactional, "OFFERS" for marketing)
Disclosure about message frequency and potential charges
Opt-out instructions (e.g., "Text STOP to unsubscribe")
Example of how to describe consent via text message when registering to send SMS:
For transactional messages only: "By texting UPDATES to [number], users agree to receive transactional SMS alerts from [company] including order confirmations and shipping updates. Msg & data rates may apply. Reply STOP to unsubscribe. [Privacy Policy] [Terms]."
For marketing messages only: "By texting OFFERS to [number], users agree to receive promotional SMS messages from [company]. Msg & data rates may apply. Reply STOP to unsubscribe. [Privacy Policy] [Terms]."
For collecting both types of consent: "Text UPDATES to [number] for transactional messages (order updates, shipping notifications). Text OFFERS to receive promotional messages. Msg & data rates may apply. Reply STOP to unsubscribe. [Privacy Policy] [Terms]."
Important: Ensure that your opt-in message clearly specifies the type of messages the customer will receive. Do not combine transactional and promotional consent in a single opt-in flow. Each consent must be collected separately with clear disclosure of message content and purpose
Example of collecting marketing consent via text
2. Collecting consent via private forms (App or Page)
For non-public forms, such as those behind login screens or within apps, you need to provide a clear opt-in mechanism (e.g., a checkbox). This ensures users are actively agreeing to receive SMS messages. If the form is not publicly accessible, you must upload a screenshot or scansion of this to form as part of your SMS registrations
What to include:
The form should include clear language that the customer agrees to receive SMS messages.
Disclose details about message frequency, potential costs, and how to opt-out.
Include any necessary legal disclaimers, such as message terms, privacy policies, and how SMS will be used.
If the form is embedded in an app or behind a login, ensure users are still presented with the required information (see example below).
Example collecting consent via embedded forms:
“By submitting this form and signing up for texts, you consent to receive marketing text messages (e.g., promos, cart reminders) from [company name] at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe anytime by replying STOP or clicking the unsubscribe link (where available). [Privacy Policy] & [Terms].”
If the form isn’t available via URL, you must attach a screenshot or scan to ensure it can be reviewed and processed accordingly.
Example of what information to provide describing a private form when registering for SMS sending:
“The customer completes a form at the doctor’s office that includes opt-in language agreeing to receive text message communications, see attachment. The form includes a reference to our webpage www.ourbrand.com , where we provide a link to both our privacy policy (www.ourbrand.com/privacy) and term of services (www.ourbrand.com/ToS). A scanned copy of our subscription form can be found at www.mydrive/scannedcopy_form.
Example of an in App Consent Form
Explicit Marketing Consent
Consent to send Marketing SMS (which includes abandoned carts) can only be sent to clients who explicitly agreed to receive marketing SMS. Review marketing-related regulations here
Example of a paper Consent form
Explicit Marketing Consent
Consent to send Marketing SMS (which includes abandoned carts) can only be sent to clients who explicitly agreed to receive marketing SMS. Review marketing-related regulations here
3. Gathering consent on public web pages
When using public-facing web forms, such as on sign-up or promotional pages, it’s essential to ensure that users actively consent to receiving SMS messages. When registering to sned SMS you will ahve to share a link to your public form so that it cna be reviewed by the relevant authorities
What to include:
Clear Opt-In Mechanism: Use a checkbox or another explicit opt-in option to ensure users consent to receiving SMS messages. The checkbox must not be pre-selected.
Message Disclosure: Clearly state the types of SMS messages the user will receive (e.g., marketing, service updates) and include details on message frequency and any potential costs.
Opt-Out Instructions: Ensure users know how to unsubscribe from future messages (e.g., by replying STOP or using an unsubscribe link).
Example of how to present an opt-in message on a public web page:
“By checking this box, I agree to receive SMS updates, promotions, and offers from [company] at the phone number provided. Msg & data rates may apply. Msg frequency varies. Reply STOP to unsubscribe. [Privacy Policy] & [Terms].”
Best practices when registering:
If the opt-in form is not on your homepage, specify the URL where it occurs and describe the exact location.
For pop-up forms, ensure the process is clearly explained, stating that customers are opting into text message communication, and attach a screenshot as proof.
Example of what information to provide when describing a public web subscription when registering for SMS sending:
By submitting this form and signing up for texts, our users consent to receive marketing text messages (e.g., promos, cart reminders) from [company name] at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Our users are informed that Msg & data rates may apply. Msg frequency varies. As part of our subscription form www.ourbrand.com/signmup we let our user know they can unsubscribe anytime by replying STOP or clicking the unsubscribe link (where available). we provide link to both our Privacy Policy [link] & our Service Terms [link].”
Exampel of a web consent form
Explicit Marketing Consent
Consent to send Marketing SMS (which includes abandoned carts) can only be sent to clients who explicitly agreed to receive marketing SMS. Review marketing-related regulations here
4. How to obtain verbal consent
Verbal consent is typically gathered during in-person interactions or over the phone. This method is common for customer service interactions or in-store communications, where the customer directly agrees to receive SMS communications.
What to include:
Clear Verbal Statement: The customer must be explicitly informed that they are opting into SMS communications and provided with key details such as message frequency and how to opt out.
Consent Confirmation: Ensure the customer gives clear verbal consent to receive SMS messages. This can be done by asking them to confirm their consent during the interaction.
Opt-Out Details: Let the customer know how they can opt out at any time (e.g., by replying STOP to a message).
Example of how to describe a verbal consent flow when registering for SMS:
“The customer verbally opts in during a phone conversation with a customer service representative, who asks if they would like to receive text messages from our company. Our agents are instructed to always mention our webpage www.ourbrand.com where both our privacy policy (www.ourbrand.com/privacy) and term of services (www.ourbrand.com/ToS) are available"
Additional Information:
Creating a standardized script for your team that clearly states the key consent details will ensure consistency and compliance across all verbal opt-ins. If described in your registration request, this will greatly increase your chances of approval.
Example script you can use when collecting verbal consent:
“We instruct our agent to use the following script when collecting verbal content < By giving your consent, you agree to receive text message communications from [company name]. You understand that message and data rates may apply, and you can opt out at any time by replying STOP.> ”
5. Understanding implied consent
Implied consent occurs when the consumer initiates the text message communication with the business, and the business responds with relevant information. No additional verbal or written permission is required since the customer has actively started the exchange.
What to include:
The workflow must clearly show that the customer is initiating the contact by sending the first message.
The business only responds to the customer’s inquiries or requests, ensuring no unsolicited messages are sent.
Example of how to describe an implicit consent flow when registering for SMS:
“The customer sends a text message to initiate communication with the business, opting in for relevant text message responses.”
6. 2FA scenarios
When collecting a phone number from a client with the intent to send them a One-Time Password, consent is often collected by the act of sharing the number itself. To avoid rejection, it's extremely important that all proper notices are provided. See the example below:
Example of how to describe a verbal consent flow when registering for SMS:
"The customer consents to receive OTP SMS by sharing their number in our 2FA page. We informed them that their consent was limited to 2FA and not transferred to other kinds of SMS. We provide links to our relevant privacy and terms pages as well as notices about frequency, costs, and compliance keywords. As this occurs in our app, we have attached a screenshot for your review."
7. Explicit Consent to Send SMS Marketing
Consent to send Marketing SMS (which includes abandoned carts) can only be sent to clients who explicitly agreed to receive marketing SMS.
If you send BOTH SMS notification and SMS marketing types of traffic:
Clearly indicate you will send marketing SMS too in your consent checkbox or toggle
Never pre-select the toggle and ensure your notice indicates that consent to receive SMS is not a condition for purchase
If you send MARKETING ONLY:
Clearly indicate that you will send marketing messages but you MUST state that consent is not required for purchase
If you send TRANSACTIONAL ONLY:
You MUST indicate what type of traffic you are sending
Ensure none of your message samples or SMS registration mentions marketing content (including abandoned cart)
Clearly specify what traffic will be sent without mentioning marketing or promotional traffic
ALL 3 scenarios must include rates notice, frequency notice, and provide help and opt-out info, as well as T&C/Privacy links.
Non-compliance will result in rejection of registration request and potentially the need to pay for a new submission
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