Understand SMS consent and compliance
Understand how Optimizely Data Platform (ODP) handles SMS consent and compliance.
Obtain consumer opt-in
If you use ODP's SMS solution, you must comply with the opt-in requirements outlined in the CTIA Principles and Best Practices.
The CTIA requires you to complete the following actions:
- Obtain a consumer’s consent to receive messages generally.
- Obtain a consumer’s explicit written consent to receive marketing messages specifically.
- Give consumers the ability to revoke consent.
Before sending SMS messages, ensure your recipients have opted in, given their explicit consent, or received some form of communication from you. The Federal Communications Commission (FCC) monitors for consent and reserves the right to block messaging services or suspend your account if abuse is reported. See Implict and explicit marketing consent for information.
Best practices for SMS consent
Provide clear and conspicuous notice
The notice is a message that prompts consumers to opt into your SMS campaign. You must provide your customers with a clear and concise notice about the type and purpose of the messaging they will receive. You should inform consumers of the following:
- The program or product description
- The phone number from which the messages originate
- The specific identity of the organization represented in the initial message
- Any associated fees or charges
- Other applicable terms and conditions (such as how to opt-out, customer care contact information, and any applicable privacy policy)
Additionally, subsequent messaging should not contain any deceptive language or obscure opt-in details in terms and conditions.
Content for consumer opt-in
If you plan to send multiple messages as part of your promotional SMS campaign, follow the CTIA’s best practices for recurring messages.
- Provide your consumers with a confirmation message that informs them they are enrolled in the recurring message campaign with a clear description of how to opt out.
- Send your consumer an opt-in confirmation message before sending any additional SMS messages. Your confirmation message should include the following:
- Program name or product description
- Customer care contact information
- Opt-out instructions
- Disclosure that the messages are recurring and the frequency of messaging
- Clear language about any associated fees or charges and how those charges are billed
Content for consumer opt-out
You must provide consumers with a choice to end messaging communications, regardless of whether the consumers have consented to receive the message. You should acknowledge opt-out requests with the following guidelines:
- Ensure that consumers have the ability to opt out of receiving messages at any time.
- Support multiple opt-out mechanisms, including phone calls, emails, or texts.
- Acknowledge consumer opt-out requests by sending one final confirmation message per campaign to notify the consumer that they have opted out successfully. Do not send any further messages.
State in your messaging how and which words affect an opt-out. Standardized “STOP” wording should be used for opt-out instructions; however, opt-out requests with normal language (like stop, end, unsubscribe, cancel, quit, or please opt me out) should also be acknowledged unless a specific word results in unintentional opt-out.
Note
Capitalization, punctuation, or any letter-case sensitivities should not affect consumer opt-out.
Types of SMS content
See the following table for the consent levels expected for various messaging types. For example, you may not have a customer’s explicit consent but still need to contact them through SMS (such as for transactional messages or when the customer initiates the conversation).
Warning
The examples do not constitute or convey legal advice and should not be used as a substitute for obtaining legal advice from qualified counsel.
| What is it? | Who initiated? | What's the content? | What's the consent? |
|---|---|---|---|---|
Promotional | * Your message contains a sales or marketing promotion. | | | |
- Adding a CTA (such as a coupon code to a transactional text) may make a message promotional. | The first message is sent by the brand. | - One-way alert
- Message promotes your brand, product, or service | Explicit written consent- Before you send promotional messages, the consumer should agree in writing to receive promotional texts.
- Consumers may sign a form, check a box online, or otherwise provide consent to receive promotional text messages. | | Transactional/ Informational | Receipts, order confirmations, appointment reminders, welcome texts, and alerts are in this category because the first text you send fulfills the consumer’s request. | The first message is sent by the consumer or the brand. | * One-way alert or two-way conversation.
- The message contains information (like shipping confirmations or back-in-stock notifications). | Explicit consent* The consumer must agree to receive texts for a specific informational/transactional purpose when you are given a phone number.
- Consumers may permit text on a form, on a website, or verbally. The consumers can also give their written permission. | | Conversational | - Back-and-forth conversations through SMS.
- The exchange is likely conversational if the consumer texts you first and you respond immediately with a single message. | The first message is sent by the consumer | * Two-way conversation.
- Your message responds to a specific request. | Implicit consentIf the consumer initiates the text message exchange and you only respond to the consumer with the relevant information, then no verbal or written permission is expected. |
Promotional Content Example
Transactional/Informational Content Example
Conversational Content Example
Prohibited content
Under the best practices for SMS content outlined by CTIA, you are not permitted to send content associated with the following:
- Engaging in an activity with any pornographic or adult entertainment industry purpose, regardless of whether such activity is lawfully permitted.
- Depictions or endorsements of violence and hate speech or otherwise engaging in threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent behavior.
- Content related to the sale or promotion of substances that are classified as controlled substances under federal law, including marijuana.
Prohibited campaign types
Unless expressly authorized by ODP, you may not use SMS campaigns for the following purposes:
- Third-party or affiliate lead or commission generation
- Advertisements for loans
- Credit repair offers
- Debt relief
- Debt collection
- Work from home, secret shopper, or other similar advertising campaigns