Please note this article is not to be considered legal advice and you should consult with your preferred legal counsel to ensure that your consent forms comply with your specific practices and any additional legal requirements for your industry. We do not accept liability for the content of your web forms or your messages.
Why do I need to have direct express written consent from my contacts?
The Telephone Consumer Protection Act (TCPA) mandates that businesses obtain explicit, written consent from consumers before sending them automated marketing text messages. This law is designed to protect consumers from unsolicited messages and is actively enforced by the Federal Communications Commission (FCC). Obtaining SMS consent is not only a legal requirement, but is also a best practice for ensuring consumer trust, satisfaction, and effective communication. Let's go over some good and bad examples of consent below.
Good Example
A good opt-in form will contain an RVM/SMS consent disclosure that includes the brand name of the company they are opting in to receive messages from, as well as messaging frequency rates, clarification that standard message and data rates may apply, instructions for opting out or how to receive help along with an acknowledgment of acceptance of Terms & Conditions and SMS Privacy Policy as well as direct links to both for your clients to review. Checkboxes should also be present for each paragraph.
Disclosure of RVM/SMS Consent: By providing your mobile phone number, you are giving consent to receive autodialed calls, pre-recorded & artificial audio, SMS/MMS texts, or other electronic communications from [Example Company] at the email and phone number provided above, even if the number is on a corporate, state, or national Do Not Call List. This consent is not a requirement for purchasing any goods or services. Messaging Frequency may vary. Standard message and data rates may apply.
Instructions for Opting Out: To stop receiving these messages, simply reply STOP to any message we send. For assistance, reply HELP or contact our customer service at [contact information].
Privacy Policy: Your information will be used in accordance with our Privacy Policy [link to privacy policy]. By providing your phone number and agreeing to these terms, you acknowledge that you have the authority to give this consent and that you agree to our terms and conditions [link to Terms and Conditions].
**Please note that if you have multiple companies you are collecting consent for, you should have disclosures for each brand on the web form to ensure compliance with one-to-one consent. More information on the FCC's ruling on one-to-one consent can be found HERE.
Bad Examples
A bad opt-in form will only contain the information fields for your contact's information and will not contain any SMS disclosures or acknowledgment checkboxes as shown below.
Another example of a bad opt-in form is when the opt-in form is missing the consent disclosure and also will not have the phone number field as shown below.
If you still have questions regarding your opt-in forms, please contact your preferred legal counsel for the best information pertaining to your brand and your specific industry.