US compliance FAQs

How do I request clear consent for SMS marketing?

At MessageBird, we understand the importance of maintaining compliance when it comes to SMS marketing. It's crucial to always obtain express consent before texting anyone, and to provide an easy opt-out option for recipients. Here are four simple steps to request clear consent from your recipients when sending SMS using our platform:

1. Obtain consent: You need to obtain express written consent from your customers via a physically or digitally signed agreement, or through an SMS opt-in process. This ensures that you have the necessary permission to send SMS messages to your customers.

2. Use explicit language: Make sure that the consent you obtain contains explicit language that clearly indicates that the individual agrees to receive recurring marketing messages at the mobile phone number they provided you, and that consent is not a condition of any purchase.

3. Disclose message content and frequency: Inform your customers of the type of content they will receive and the frequency of messages. This ensures that your customers are aware of what they are signing up for.

4. Provide opt-out instructions: Provide opt-out instructions to your customers in every SMS message. You can mention your company by name, the frequency of messages, possible carrier costs and fees, and provide an option for customers to request help or opt-out of future texts.

If my customers already consent to receive email or messages on other channels, can I skip this?

No. It's important to understand that email list consent and SMS/MMS list consent are treated separately, and obtaining one doesn't imply consent for the other.

If someone is on your email list, it doesn't mean you have permission to send them text messages, even if they provided their phone number during sign-up. Similarly, if someone has given their consent to receive text messages from you, it doesn't automatically imply consent for email communication.

How long do I have to honor opt-out requests?

It's essential to keep in mind that when someone texts "STOP" to your SMS messages, it's the most common way for them to revoke their consent. However, it's possible that some people may request to remove their consent using other means such as calling, emailing, or contacting you through social media channels.

As a responsible SMS service provider, it's crucial to have processes in place to remove these individuals from your text messaging lists promptly. Once someone texts "STOP," they will be automatically suppressed in your MessageBird account, and they will not receive any further text messages from you. Unless they opt back in, you cannot send them text messages in the future.