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Understanding Opt-ins

Learn how to collect, document, and maintain SMS consent.

Before sending SMS messages, you must have your contacts' permission. Every recipient must actively opt in or subscribe.

Messaging people without consent is spam. Sending spam can result in carrier violations, fines, or penalties.

This article explains the requirements for getting consent. It outlines accepted opt-in methods and shares best practices for compliant messaging.


Required Elements for Opt-In Forms

Whether you collect consent through an online form or a physical document, your opt-in method should include the following:

  1. Business Name
    Clearly identify the name of your business or brand.

  2. Express Consent
    Include a checkbox or similar mechanism that allows users to actively consent to receiving text messages. The checkbox must be optional and unchecked by default.

  3. Message Purpose
    Explain what type of messages subscribers can expect, such as account notifications, appointment reminders, customer service updates, or marketing messages.

  4. Message Frequency
    Let subscribers know how often messages may be sent (for example, "Message frequency varies").

  5. Message & Data Rates Disclosure
    Include a statement such as: "Message and data rates may apply."

  6. Opt-Out Instructions
    Explain how subscribers can stop receiving messages, such as: "Reply STOP to unsubscribe."

  7. Help Instructions
    Provide a way for subscribers to get assistance, such as: "Reply HELP for help."

  8. Terms & Privacy Policy
    Include links or references to your Terms & Conditions and Privacy Policy so subscribers understand how their information will be used. Terms & Conditions and Privacy Policy links should appear near the consent language.

Example of Compliant Opt-In Text

□ I agree to receive [TYPE OF MESSAGE] messages from [COMPANY NAME]. Message frequency may vary. Message and data rates may apply. Reply STOP to unsubscribe. Reply HELP for help. By opting in, you agree to our Terms & Conditions and Privacy Policy.

Important: If you send marketing messages, marketing consent must be collected separately from consent for transactional or informational messages. Marketing consent should use its own optional, unchecked checkbox.

Methods for Collecting Opt-in

Below are the most common compliant methods for collecting SMS opt-ins.

1. Online Forms

Create an opt-in form on your website where customers can provide details such as their name, phone number, and email address.

  • The phone number field and SMS consent checkbox must be optional.

  • Customers must be able to submit the form without consenting to SMS messages.

  • Do not use pre-checked consent boxes.

  • The phone number field should not be mandatory unless it is required for the service being requested and SMS consent remains optional.

Example:

2. Keyword Opt-In

Customers can opt in by texting a specific keyword (for example, JOIN, START, or SUBSCRIBE) to your registered phone number. Most often, customers will view keyword flyers in a store or online advertising.

Example:

3. Paper Forms

Paper forms can be used to collect SMS consent when completed and signed by the recipient.

  • Include your company name or logo.

  • Provide fields for the recipient's name, phone number, and signature.

  • Clearly explain the types of messages the recipient will receive.

  • Include all required SMS disclosures, such as message frequency, message and data rates, HELP instructions, STOP instructions, Links to Terms & Conditions and Privacy Policy.

Example:

4. Verbal/Phone Opt-In

Customers may provide consent verbally during a phone call or in person.

  • Clearly explain the types of messages the customer will receive.

  • Inform the customer that message frequency may vary and that message and data rates may apply.

  • Explain how the customer can opt out (Reply STOP) and get help (Reply HELP).

  • Inform the customer where they can view the Terms & Conditions and Privacy Policy, and ensure these documents are publicly accessible on the website.

  • Obtain a clear affirmative response from the customer before sending messages.

  • Maintain records showing when, how, and by whom consent was obtained.

Example(s):

"Do you agree to receive SMS messages from [COMPANY NAME] regarding [MESSAGE TYPE]? Message frequency may vary. Message and data rates may apply. Reply STOP to opt out and HELP for help. You can view our Terms & Conditions at [provide web link]. You can view our Privacy Policy at [provide link]"

OR

Retaining Proof of Consent

You are responsible for maintaining records that show how and when recipients opted in to receive SMS messages. Examples include:

  • Website form submissions

  • Paper consent forms

  • Screenshots of the opt-in process

  • Consent timestamps

  • Keyword opt-in logs

ClickSend does not store proof of consent on your behalf. You should retain these records and be prepared to provide them if requested by carriers or regulators.

Note: If consent is collected verbally, your website should explain that customers may opt in during a phone call or in-person interaction and describe the types of messages they will receive. This helps carriers understand how consent is being obtained.

Submitting Proof of Opt-in

As part of the application process, you must provide evidence of how recipients consent to receive SMS messages from your business. Your opt-in process must clearly identify your business, explain the types of messages being sent, and include the required SMS disclosures.

  • When Applying for a 10-Digit Long Code (10DLC) or Toll-Free Number (TFN):

    • Describe how customers provide consent to receive SMS messages.

    • Provide a link to your opt-in form or opt-in page. The page must be publicly accessible and not require a login.

    • If an online form is not available, provide a screenshot that shows the complete opt-in process, including all relevant fields, consent language, and disclosures.

    • Ensure the business name displayed during the opt-in process matches the business information submitted in your application.

    • Include all required disclosures, such as message frequency, message and data rates, HELP instructions, STOP instructions, and links to your Terms & Conditions and Privacy Policy (where applicable).

  • If Your Application Is Rejected:

    • Review the rejection reason and update your opt-in process as required.

    • Ensure consent is collected through a compliant opt-in method.

    • Verify that all required SMS disclosures are present and clearly visible.

    • Resubmit your application with updated documentation. If updating an attachment in ClickSend, remove the existing file, upload the revised version, and resubmit.

Carrier Audit

Carriers may request proof that recipients consented to receive SMS messages from your business. Audits can occur at any time and may require a response within a short timeframe. You must be able to provide records showing when and how consent was obtained, such as website form submissions, screenshots of the opt-in process, signed documents, keyword opt-in logs, call recordings, CRM records documenting consent, etc.

Failure to provide sufficient proof of consent can result in message blocking, number suspension, or other carrier-required remediation actions.

Honor Opt-Out Requests

If a recipient opts out by replying STOP or using another valid opt-out method, you must promptly stop sending them SMS messages. Ensure opt-outs are recorded and that recipients are excluded from future messaging campaigns unless they provide new consent to receive messages.

ClickSend does not store proof of opt-out on your behalf. You should retain these records and be prepared to provide them if requested by carriers or regulators.

Best Practices Summary

  • Never Use Pre-Checked Consent Boxes
    Recipients must take a clear, affirmative action to opt in to receive SMS messages.

  • Keep the Opt-In Process Simple
    Use clear, easy-to-understand consent language and avoid multiple or duplicate opt-in requests.

  • Separate Marketing Consent: If you send both transactional and marketing messages, obtain separate consent for marketing communications. Marketing consent should have its own optional, unchecked checkbox and must not be bundled with consent for account notifications, customer care, or other transactional messages.

  • Be Transparent
    Clearly explain the types of messages subscribers will receive, the expected message frequency, and how to opt out.

  • Keep Information Consistent
    The business name, message descriptions, consent language, Terms & Conditions, and Privacy Policy should align across your website, opt-in forms, and messaging application.

  • Retain Proof of Consent
    Maintain records showing when and how consent was obtained, including form submissions, screenshots, signed documents, CRM records, or call recordings.

  • Review Your Compliance Regularly
    Periodically review your opt-in process, disclosures, and website content to ensure they remain accurate and compliant with carrier requirements.

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