SMS Consent Requirements and Examples │ AT&T Office@Hand | #96486

Mobile carriers require businesses to obtain consent before sending any SMS messages to their recipients.
Sending text messages to customers, partners, or employees requires permission first. There are three types
of text messages:

• Conversational messages are back-and-forth conversations between individuals with no automated
  responses involved. If the consumer initiates the conversation, consent is implied. Otherwise, you can
  get verbal consent or written consent (ex., website intake form with language on SMS consent) for
  these types of messages. You don’t have to include opt-out keywords in sample messaging.
• Informational messages share important information like appointment reminders or shipping updates.
  Businesses need to detail how they received consent (i.e., phone script, website form, etc.). If consent
  was obtained verbally, the business needs to detail the language used to ask for permission from the
  customer(s). These types of messages must include opt-out keywords.
• Promotional messages are advertisements for products or sales. Businesses must get express
  written consent before sending SMS. A website intake form counts as written consent if you provide
  explicit language on the page describing the intended use of the customer’s number. Businesses must
  also keep a record of consent provided by recipients and comply with opt-out requests

Select your type of messaging campaign. For details, see Choosing the right SMS campaign.

NOTE: This article is for informational purposes only and discusses certain carrier requirements related to
sending SMS. There may be other legal requirements or regulations, so please consult with your legal counsel
to ensure you comply with SMS requirements

Conversational

If a customer messages you first, you have their permission to reply and continue a text back and forth.
However, if you want to send them informational or promotional messages later, then you need to ask for their
consent again. Giving you permission to text them back and forth doesn’t count for the other two messaging
types. This means you don’t need to include an opt-out keyword in any messages.
For example, if you own a flower shop and meet a customer interested in flowers for their wedding, you can
ask them to text you to discuss details. When they text you at the number you gave them, the customer
permits you to talk about that specific topic.
However, if you want to send reminders about upcoming specials or advertisements, you must obtain their
consent again and document it. This means written consent that you document and track.

Informational

Informational messages might tell your customers info like when a package will be delivered or remind them of
an appointment. Your business can’t send these messages without permission. You can get permission with a
signup form on your website, a signed paper form, or confirmation by phone.
For example, a patient at a doctor’s office might sign up to get text messages about appointments or test
results by signing a form when they check-in. The doctor’s office must keep the form on file. The first SMS to
the patient must also include the opt-out keyword they can use to stop receiving further texts. For example,
“This is Dr. X’s office. We will send you the test results as soon as they come in. Reply STOP to opt out at any
time.”
However, this doesn’t allow the doctor’s office to send messages with information like special offers on new
treatments. The patient would need to complete a separate written consent form. Alternatively, the original form
could have two boxes for patients to check – one for informational and another for marketing. Whichever they
check counts as signing up for that type of messaging.
Alternatively, if the patient texts a nurse asking questions about their recent visit, this message counts as
conversational with implied consent. As long as the patient and nurse text back and forth, the doctor’s office
doesn’t need to document verbal or written consent.

Promotional

Promotional messages promote or sell products and services via text message to customers. They can include
sales, discounts, promotions, and exclusive deals. However, these messages require the recipient’s express
written consent, and the business must log all permissions obtained from recipients.
For example, say you own a rare national bookstore and use SMS to communicate promotional deals and
upcoming events. You received consent from customers by having them complete an online website form. The
website form included explicit language describing how their number would receive promotional messages. By
completing this form, your business now has a documented form to log in to your files and the permission to
send deals and upcoming event SMS.
When sending the first SMS message, you’ll need to include a message with the opt-out keyword specified in
your registration. For example, “Thanks for signing up to receive info about our upcoming events at the
bookstore. Reply STOP to opt out at any time.”
If the bookstore registered for a mixed campaign in the Admin Portal, you only need to get consent once for
multiple promotional and informational campaigns. If you don’t utilize a mixed campaign, then you can only
send the one type of promotional message that customers signed up for. This means you can’t send SMS
about books on hold coming in or shipping statuses without getting consent again.
If the customer texts you asking about a specific book and you respond, then this type of message counts as
conversational and doesn’t require documented consent.

Logging consent

Businesses must record how the recipient provided consent for SMS. Information to log may include the date
and time of opt-in, method used to give consent (digital form, physical sign-up form, website SMS keyword,
etc.), language and action used to secure consent, and the recipient’s identity.

Examples of consent forms/language

When collecting consent from customers, businesses must provide examples of their consent language as part
of the TCR registration in the Admin Portal. The language should be clear and specific about the types of
messages, frequency, and how recipients can opt out of future messages. Please note that your business
and/or industry may have additional requirements to consider.

Obtaining consent via a digital form

Businesses can obtain consent from customers through a digital medium, such as a website form that asks for
the customer’s name and mobile number and explicitly advises consumers that by entering this information,
they consent to receive SMS. When the customer clicks the Submit button, the response is automatically
stored and documented.

Businesses can use online form creation sources like Google Forms, Microsoft Forms, and Jotform to store
responses automatically. These sources also provide the HTML code for the form you can paste on your
website. You can also create a form on your website and send the entries to your business email address.

NOTE: You can use this method for informational messaging as well.

Obtaining consent via a paper form

Businesses can also obtain consent through a paper form that customers sign, date, and/or tick a checkbox
on. The form should include language clearly stating that by signing, the customer gives consent to receive
promotional SMS messages. Then you must keep a copy of each recipient’s signed form as documentation for
tracking purposes.

Revocation of consent

You must allow recipients to opt out from future messages if they send you a text with an opt-out keyword (i.e.,
STOP). Businesses sending promotional SMS must provide this opt-out keyword as part of the initial text
message to consumers (individual and bulk groups). You can’t send a text from another number your business
owns if a recipient opts out of messaging of this type.
For example, you might own a restaurant and send messages from several different phone numbers. If a
customer opts out of receiving SMS for the restaurant’s mixed campaign, you can’t send them further SMS
from other numbers associated with that campaign. However, if that same customer is signed up for a separate
campaign as well, you may continue sending SMS until they reply with the appropriate opt-out keyword.
Any opt-out requests must be logged and documented for you to provide as proof if requested at a later date.
You can keep a list of recipients who opted out using a customer relationship management (CRM) tool, Google
Sheets, Excel, Microsoft Word, etc.

NOTE: This applies to informational messaging, too.

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