@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.)).
