question

Daniel Black avatar image
Daniel Black asked Becky-Community_Manager answered

Consent of text messaging

In our company we mainly user texting for confirming the order/invoice is correct. The only "consent" we say is on the phone call "okay we are about to text you your invoice please confirm it is correct" etc. What would I put in the obtaining consent box?

sms and text messaging
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1 Answer

Becky-Community_Manager avatar image
Becky-Community_Manager answered

@Daniel Black I'm enclosing consent information here for you to review and identify what fits best with your campaign/use case.
Let me know if this doesn't explicitly answer your question or if it prompts further questions, please don't hesitate to add them below.

Implied Consent (Conversational Messaging Content)

  • First message is only sent by a Consumer
  • Consumer initiates the conversation and the business simply responds.
  • Does NOT provide consent for informational, promotional, or future messaging unless recipient provides consent during conversation

Express Consent (Informational Messaging Content)

  • Consumer needs to agree to receive texts for a specific purpose when they give the business their mobile numbers
  • Consent must be specific for SMS, general language including “opt into communications” is not considered sufficient (instead say “opt into receiving SMS)
  • Does NOT provide consent to be notified of promotional messages unless recipient provides consent to be added to the marketing list.

Express Written, and Logged Consent (Promotional Messaging Content)

  • Consumer needs to agree to receive texts for a specific purpose when they give the business their mobile numbers
  • Consent must be specific for SMS, general language including “opt into communications” is not considered sufficient (instead say “opt into receiving SMS)
  • Businesses that already ask Consumers to sign forms or submit contact information can add a field to capture the Consumer’s consent
  • Consent must be logged as outlined below

Message Senders Should Provide Clear and Conspicuous Calls-to-Action

Purpose: Disclosure to ensure that a consumer consents to receive a message and understands the nature of the program

  • Invitation to opt-in to a messaging campaign
  • Calls-to-Action should not contain any deceptive language
  • Calls-to-Action should not be obscured in terms and conditions
  • Example of calls-to-action:
    • The program or product description
    • Telephone numbers or short codes from where the message will originate

Ways to Collect Opt-in

Purpose: Help prevent messages from being sent to a phone number that does not belong to the Consumer who provided that phone number (e.g., a Consumer purposefully or mistakenly provides an incorrect phone number to the Message Sender)

For conversational messages:

  • Recipient sends you a message first

    For informational messages (and conversational):
  • Verbally asking recipient if they would like to receive messages
  • Clicking a button on a mobile webpage

For promotional messages (and above):

  • Entering a telephone number through a website
  • Turning on SMS notifications via a website preferences panel
  • Responding to an ask, or asking to be sent SMS via email
  • Sending a message from the Consumer’s mobile device that contains an advertising keyword
  • Signing up at a point-of-sale (POS) or other Message Sender on-site location
  • Opting-in over the phone using interactive voice response (IVR) technology.

Logging Consent:

Purpose: to provide clear evidence that a recipient has opted into messaging, critical for promotional messages. Carriers may request this information to be provided randomly.

Message Senders should also document opt-in consent by retaining the following data where applicable:

  • Timestamp of consent acquisition
  • Consent acquisition medium (e.g., cell-submit form, physical sign-up form, SMS keyword, etc.)
  • Capture of experience (e.g., language and action) used to secure consent
  • Specific campaign for which the opt-in was provided
  • IP address used to grant consent
  • Consumer phone number for which consent to receive messaging was granted
  • Identity of the individual who consented (name of the individual or other identifier (e.g., online user name, session ID, etc.)).
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