What Is Proper Consent?
Consent cannot be obtained through buying, selling, or exchanging it. For instance, purchasing a phone list from another party to obtain the consent of message recipients is not a valid approach.
Except for a few exceptions noted later in this section, all of the listed consent requirements must be met. If you use Primecall's messaging platform for your application or service as a software or platform provider, you must ensure that your customers comply with these same requirements when dealing with their own users and customers.
Types of Messages and Required Consent
The CTIA Messaging Guidelines say that all A2P (Application-to-Person) messaging requires customer consent. The type and extent of consent needed for each is based on the messaging type and frequency.
WARNING: All A2P messaging campaigns must support established opt-out keywords. If a customer wants to revoke their consent, your campaign must let them.
| Consumer initiated conversational | Informational | Promotional |
| Conversational messaging is a backand-forth conversation via text. If the consumer initiates the conversation and the business simply responds, then it is likely conversational and no additional permission is expected. | Informational messaging is when a consumer gives their phone number to a business and provides their consent to be contacted in the future for a non-promotional purpose. Appointment reminders, welcome texts, and other non-promotional alerts fall into this category. | Promotional messaging contains a sales or marketing promotion. Adding a call to action (e.g., a coupon code to an informational text) may place the message in the promotional category. Businesses require the consumer’s written consent to send promotional messages. |
|
|
|
| Implied consent If the consumer initiates the text message exchange and the business only responds to each consumer with relevant information, then no verbal or written permission is expected. | Implied consent If the consumer initiates the text message exchange and the business only responds to each consumer with relevant information, then no verbal or written permission is expected. | Implied consent If the consumer initiates the text message exchange and the business only responds to each consumer with relevant information, then no verbal or written permission is expected |
Require Opt-Ins
An opt-in is a message that asks a customer can agree to if they want to be messaged by your business. The opt-in message must be clear about what the customer can expect from your SMS messages. What type of message do you intend to send them, and for what purpose?
No Double Dipping
You cannot repurpose an opt-in message for one kind of communication to use for other kinds of communications.
For Example… A user who gives you consent to receive a one-time password (OTP) via text message is not consenting to marketing texts. The customer would need to agree to a separate opt-in message to receive marketing texts as well.
Opt-In types
Under TCPA rules, there are also certain types of opt-ins – including for automated SMS marketing messages – which must be documented in writing. If you plan on sending promotional messages to customers, make sure you’re properly logging all opt-ins.
What are you expected to keep track of in your records? Here’s a quick guide to what you should take note of when documenting opt-in requests:
- 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 (if applicable)
- 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 username, session ID, etc.)
- Documenting all opt-ins for at least six years is required by some mobile network operators. It provides proof that you have received consent to send to that destination number
✔ Please refer to the CTIA Messaging Principles and Best Practices for a comprehensive run-down of how best manage opt-in messaging.
Double Opt-Ins Are Ok
Many companies use double opt-ins to verify that the user fully consents to the SMS messages being sent. This is commonly done by sending a customer a welcome (or initial message) after they first opt-in reminding them that they signed up, and asking them to respond and positively confirm their consent with a keyword (e.g., “Y”, “Yes”, “OK”, “Begin”, etc.)
✔ Double opt-ins are not an industry requirement, but it is best practice to include these confirmation messages.
Honor Opt-outs
In the event that a customer consents to receive your messages via an opt-in method, they retain the right to revoke their agreement. It is your responsibility to make the opt-out process straightforward for customers.
The most common opt-out method is to let consumers respond to the SMS with the text “STOP”. There are other ways to handle opt-outs as well. The Federal Communications Commission (FCC) states that customers must be able to opt-out through “any reasonable means.” Opt-out method can be a phone call, a text message, a web form, etc.
DANGER: The opt-out method used must be accessible and easy to follow for users. It is crucial to provide clarity (ideally in every message) regarding how a customer can opt-out. Their opt-out request must be acknowledged promptly upon receiving it.
Failure to follow these regulations can lead to negative consequences.