Setting up a SMS consent flow
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Before sending any SMS messages, it is crucial to obtain and track your users’ consent. This section provides a step-by-step guideline on how to properly set up a compliant SMS consent flow and how to describe your SMS consent process when registering for SMS programs. Doing so ensures compliance and reduces the risk of your application being declined by the carriers.
By following these guidelines, you’ll increase the chances that your SMS registration will be accepted, while also meeting legal requirements for user's consent.
If multiple SMS consent methods are used for the same SMS program, you must list them all.
When registering your number as the sender for SMS, carriers and regulatory agencies will carefully review the section describing your SMS consent 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 declines.
Tip: Always add links to your Privacy Policy and Terms of Service when describing your consent-gathering process. For examples and best practices on structuring these documents, .
Table of contents:
It is required and essential that you collect EXPLICIT SMS consent from a user BEFORE sending any SMS messages. Explicit consent means the user has been informed of the option to sign up to receive SMS and has actively agreed to receive such messages on the provided phone number.
In this section, we explain the minimum requirements to set up any Explicit SMS Consent flow. We dive into diverse consent methods in the following sections.
SMS Consent Flow - Call-to-Action (CTA) - minimum requirements:
SMS consent is OPTIONAL:
Separate SMS consent for Promotional or Transactional messages.
SMS consent is not mandatory or linked to any other action, such as a sale or a sign-up to a Newsletter. We suggest the use of un-checked boxes for online call-to-actions.
Add disclaimer that "SMS Consent is not a condition of purchase", if applicable.
Brand name: identify the company or brand associated with the messaging program.
SMS Program use case(s): clear explanation of messaging service nature, e.g.: user authentication, marketing, delivery notifications, appointment reminders, etc.
Opt-in instructions: how to sign up. It varies depending on the call-to-action advertising media. For example: text-to-join programs should advertise an opt-in keyword, e.g. START. Online call-to-actions may say "By checking this box, I agree to receive SMS [...]"
Message Frequency: CTA shows how many messages users will receive after opt-in. For example: 3 sms/month, one-time message, or “Message frequency varies”.
Disclaimer Additional Messaging Costs: CTA should note that “message and data rates may apply”.
Customer Support instructions: CTA must explain how to get customer support for service. For example: “Text HELP for support”.
Opt-out instructions: CTA must explain how to opt-out of the messaging service. For example: “Text STOP to cancel”.
Terms & Conditions: CTA includes a link to Terms and Conditions.
Example of explicit SMS consent flow to send Promotional notifications
Clearly indicate you will send marketing via SMS in your consent checkbox or toggle. During registration, provide matching message samples.
Never pre-select the toggle or checkbox.
Consent to receive SMS is never a condition for purchase.
Example of explicit SMS consent flow to send Transactional notifications
Clearly indicate what kind of transactional SMS use case you will send in your consent checkbox or toggle. E.g.: account notifications, customer care, delivery updates, appointment reminders, etc. During registration, provide matching message samples.
Never pre-select the toggle or checkbox.
Consent to receive SMS is never a condition for purchase.
Example of explicit SMS consent flow to send both Promotional and Transactional notifications
Clearly indicate what kind of SMS use case(s) you will send in your consent checkboxes or toggle. During registration, provide samples for all covered use cases.
Keep separate consent checkboxes for Promotional and Transactional SMS
Never pre-select the toggle or checkbox.
Consent to receive SMS is never a condition for purchase.
Non-compliance will result in decline of your registration request and the potential need to pay again for a new submission.
Text-to-join method refers to users providing SMS consent by texting a specific opt-in keyword to a specific number. It is commonly used in marketing campaigns or for service updates.
What to include in your SMS consent flow and also in registration description:
Description of SMS use cases you intend to send messages (e.g., marketing, service updates, customer care, etc.)
Keyword that the end-customer texts to opt-in (e.g., "WELCOME" for transactional, "OFFERS" for marketing). Keep different keywords for each type of message.
Disclosure about message frequency (e.g., "Up to 3 sms/month" or "Msg freq varies").
Disclosure about potential charges (e.g., "Msg & Data rates may apply")
Help instructions (e.g., "Text HELP for support")
Opt-out instructions (e.g., "Text STOP to unsubscribe")
Location of keyword advertisement: include website URL or Attachment with the mock up of the Keyword advertisement
Example of how to describe consent via text message when registering to send SMS:
For transactional messages only: Users will text-to-join to opt-in to order and shipping updates. The keyword is advertised in our e-commerce website [valid URL] and in flyers offered in our physical stores. It reads: "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. Message frequency varies. Reply HELP for support. Reply STOP to unsubscribe. [Privacy Policy] [Terms]." See attachment for flyer example.
For marketing messages only: Users will text-to-join to opt-in to our SMS marketing communications. The keyword is advertised in our e-commerce website [valid URL] and in flyers offered in our physical stores. "By texting OFFERS to [number], users agree to receive promotional SMS messages from [company], including cart reminders. Msg & data rates may apply. 1 msg/order. Reply HELP for support. Reply STOP to unsubscribe. [Privacy Policy] [Terms]." See attachment for flyer example.
For collecting both types of consent: Users will text-to-join to opt-in to our order and shipping updates and our SMS marketing communications. The keyword is advertised in our e-commerce website [valid URL] and in flyers offered in our physical stores. It reads: "Text UPDATES to [number] for transactional messages (order updates, shipping notifications). Text OFFERS to receive promotional messages. Msg & data rates may apply. Message frequency varies. Reply HELP for support. Reply STOP to unsubscribe. [Privacy Policy] [Terms]." See attachment for flyer example.
Important: Ensure that your opt-in message clearly specifies the type of messages the user 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 transactional consent via text
For non-public consent forms, such as physical paper forms or those behind login screens or within apps, you need to provide an active opt-in mechanism (e.g., a checkbox). This ensures users are informed and have option to actively agree to receive SMS messages. When the form is not publicly accessible online, you must upload a screenshot or scan of this to form as part of your SMS registrations.
Explicit and Optional SMS Opt-In Mechanism: Use a checkbox or another explicit opt-in option to ensure users consent to receiving SMS messages by taking an action - e.g. checking a box, clicking a button, signing a paper form. The checkbox must not be pre-selected. SMS consent is ALWAYS optional.
Description of SMS use cases you intend to send messages (e.g., marketing, service updates, customer care, etc.)
Disclosure about message frequency (e.g., "Up to 3 sms/month" or "Msg freq varies").
Disclosure about potential charges (e.g., "Msg & Data rates may apply")
Help instructions (e.g., "Text HELP for support")
Opt-out instructions (e.g., "Text STOP to unsubscribe")
Links of your Privacy Policy and Terms of Service & other active URLs mentioned in the consent form
Screenshot or scanned document of your SMS consent call-to-action (consent form's required verbiage)
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. Send HELP for support. 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.
The customer completes a form at the doctor’s office / in our app sign up process that includes opt-in language agreeing to receive text message communications. See attachment. The form includes a reference to our webpage www.ourbrandexample.com, where we provide a link to both our privacy policy (www.ourbrandexample.com/privacy) and term of services (www.ourbrandexample.com/ToS). A scanned copy / a screenshot of our app for SMS consent can be found at www.mydrive/scannedcopy_form.
Explicit Consent for marketing (or promotional) messages
Explicit Marketing Consent
For publicly available consent forms, such as Sign-up, Login, 'Contact Us' or promotional webpages, you need to provide an active opt-in mechanism (e.g., a checkbox). This ensures users are informed and have option to actively agree to receive SMS messages. It is essential to ensure that users actively consent to receiving SMS messages. When registering to send SMS, you must share a link to your public SMS consent form so that it can be reviewed by the relevant authorities.
Explicit and Optional SMS Opt-In Mechanism: Use a checkbox or another explicit opt-in option to ensure users consent to receiving SMS messages by taking an action - e.g. checking a box, clicking a button. The checkbox must not be pre-selected. SMS consent is ALWAYS optional.
Description of SMS use cases you intend to send messages (e.g., marketing, service updates, customer care, etc.)
Disclosure about message frequency (e.g., "Up to 3 sms/month" or "Msg freq varies").
Disclosure about potential charges (e.g., "Msg & Data rates may apply")
Help instructions (e.g., "Text HELP for support")
Opt-out instructions (e.g., "Text STOP to unsubscribe")
Links of your Privacy Policy and Terms of Service & other active URLs mentioned in the consent form
Location of the SMS consent form: live URL of your call-to-action (showing consent form's required verbiage)
“By checking this box, I agree to receive customer care, account notifications, promotions, and offers from [company] via SMS at the phone number provided. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for support. Reply STOP to unsubscribe. [Privacy Policy] & [Terms].”
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 how customers are prompted to the pop-form for SMS consent, include URLs to the page where pop-up is located, and attach a screenshot as proof of SMS Consent Flow.
Users provide consent to receive SMS when they sign up to receive additional 10% in their 1st purchase. To receive additional discount, users access our company's homepage at www.ourbrandexample.com/smspopup and a pop-up form is presented, as seen on the attached screenshot. The user has the option to sign up to promotional marketing and order updates. We provide link to both our Privacy Policy [link] & our Terms of Service [link].”
Explicit Marketing 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 verbally agrees to receive SMS communications and provide the contact phone number.
Clear Verbal Statement (with script) including the required SMS Consent Language: The customer must be explicitly informed that they are opting into SMS communications and provided with key disclaimers required by the authorities. These are:
Brand name and message use case
Message frequency
"Message and data rates may apply"
Reply STOP to opt-out
Reply HELP to get support
Location (e.g. URL links) of Privacy Policy and Terms of Service
Consent Confirmation: Ensure the customer gives explicit verbal consent to receive SMS messages. This can be done by asking them to confirm their consent during the interaction.
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 follow this script: "Thank you for providing your phone number. Would you like to receive SMS notifications from [company name] about your recent order and related shipping updates? Note that message frequency varies and message and data rates may apply. You can reply with HELP for support or with STOP to opt-out at anytime. Review our privacy policy (www.ourbrandexample.com/privacy) and terms of services (www.ourbrandexample.com/ToS) for additional details".
Additional Information:
Example of script you can use when collecting verbal consent:
“Thank you for providing your phone number. Would you like to receive SMS notifications from [company name] about your recent order and related shipping updates? Note that message frequency varies and message and data rates may apply. You can reply with HELP for support or with STOP to opt-out at anytime. Review our Privacy Policy (www.ourbrandexample.com/privacy) and Terms of Services (www.ourbrandexample.com/ToS) for additional details".
Implied consent occurs when the user 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 user has actively started the exchange. This is a common opt-in method for customer care interactions via SMS. The business only responds to the customer’s inquiries or requests, ensuring no unsolicited messages are sent.
The workflow must clearly show that the customer is initiating the contact by sending the first message.
Location of the business' phone number for contact: where is the phone number advertised? So that customers know what number to send SMS? Provide a live URL or a screenshot of this advertisement, when applicable.
Links of your Privacy Policy and Terms of Service
Example of how to describe an implicit consent flow when registering for SMS:
The customer sees the business' phone number in our 'Contact Us' webpage at www.ourbrandexample.com/contactus and sends a text message to initiate communication with the business for customer care purposes. Business' agents will only respond to the customer’s inquiries or requests, no unsolicited messages are sent. See our Privacy Policy www.ourbrandexample.com/privacy and Terms of Services www.ourbrandexample.com/ToS.
Consent to send a One-Time Password (OTP) aka Two-Factor Authentication (2FA) is often collected by the act of sharing the number itself. To avoid registration declines, it is extremely important that all required disclaimers are provided in your call-to-action and that OTP or 2FA code via SMS is optional.
Explicit and Optional SMS Opt-In Mechanism: Use a checkbox or another explicit opt-in option to ensure users consent to receiving SMS messages by taking an action - e.g. checking a box, clicking a button. Any checkbox must not be pre-selected. SMS consent is ALWAYS optional.
Description of SMS use case (e.g. 2-factor authentication code)
Disclosure about message frequency (e.g., "1 SMS/request").
Disclosure about potential charges (e.g., "Msg & Data rates may apply")
Help instructions (e.g., "Text HELP for support")
Opt-out instructions (e.g., "Text STOP to unsubscribe")
Links of your Privacy Policy and Terms of Service & other active URLs mentioned in the consent form
Location of the SMS consent form: live URL of your call-to-action or screenshot attachment (showing consent form's required verbiage)
Example of a SMS consent form for OTP or 2FA codes:
Example of how to describe a consent flow for OTP or 2FA codes when registering for SMS:
The customer consents to receive 2FA SMS by sharing their number in our App during the sign up process. Users are informed that SMS consent is optional and limited to 2FA and not transferred to other kinds of SMS. All SMS disclaimers are presented. As this occurs in our app, we have attached a screenshot for your review. Review our Privacy Policy (www.ourbrandexample.com/privacy) and Terms of Services (www.ourbrandexample.com/ToS) for additional details.
Privacy Policy: CTA includes a link to Privacy Policy.
Marketing SMS (which includes abandoned carts) can only be sent to users who ACTIVELY agreed to receive this type of message. Review marketing-related regulations
Consent to send Marketing SMS (which includes abandoned carts) can only be sent to users who explicitly agreed to receive marketing SMS. Review marketing-related regulations
Consent to send Marketing SMS (which includes abandoned carts) can only be sent to users who explicitly agreed to receive marketing SMS. Review marketing-related regulations
