All of your contacts must give you permission to message them — they must opt in or subscribe to receiving messages. This could be through a sign up form or by checking a box that says they agree to get messages.
If you message people who have not given consent or opted-in, this is considered spam. There can be fines and penalties for sending spam.
This article outlines the necessary requirements, methods for collecting consent, and best practices to keep your messaging compliant.
Key Requirements for Opt-in
To send SMS messages, you must meet the following core requirements:
Explicit Opt-in Consent: Carriers require recipients to actively opt in to receive messages. This means they must actively take an action, such as checking a box.
Note: checkboxes used for explicit consent must be clearly visible and unchecked by default. You must avoid pre-ticked boxes and duplicate opt-in requests to prevent user confusion.
Documentation of Consent: You must maintain clear, secure records of the consent for compliance purposes (e.g., timestamps of checkbox selections or screenshots of consent forms). This proof of consent supports your sender registration.
Note: Platforms like ClickSend do not store proof of consent. It is your responsibility to store this proof securely in your CRM or another secure storage solution.
Required Elements for Opt-in Forms
Whether you are using an online form or a physical document, your opt-in forms must include the following specific details:
Brand Identification: Clearly state the name of your business.
Consent Evidence: An explicit checkbox for user consent (must be optional and unchecked by default).
Message Type: Clearly identify the purpose of the messages (e.g., transactional, alerts, marketing).
Message Frequency: Provide frequency details (e.g., "Message frequency varies").
Potential Costs: Disclose applicable data or message rates (e.g., "Message and data rates may apply").
Opt-out Instructions: Provide clear instructions on how to unsubscribe (e.g., "Reply STOP to unsubscribe").
Help Instructions: Provide a way to get assistance (e.g., "Reply HELP for help").
Terms and Conditions: Include references/links to your terms and privacy policy for transparency.
Example of Compliant Opt-In Text
"I agree to receive [TYPE OF MESSAGE] messages from [COMPANY NAME]. Message and data rates may apply. Message frequency may vary. Reply STOP to unsubscribe. Reply HELP for help."
Methods for Collecting Opt-in
Below are the recommended, compliant approaches for collecting opt-ins:
1. Online Forms
Create opt-in forms on your website for collecting basic details (name, phone number, email).
The phone number field and SMS opt-in checkbox must be entirely optional.
Users must be able to submit the form without opting into SMS messaging.
Do not use symbols indicating the phone number is mandatory unless compatible with compliance.
2. Keyword Opt-In
A customer texting a specific keyword (e.g., "JOIN") to your registered number.
3. Paper Forms (Internal/Transactional Use)
For internal messaging targeted at employees or transactional messages (e.g., service appointments, OTPs), you can use paper forms.
Design a document with your company logo and fields for the recipient’s name, phone number, and signature.
Include consent language clearly limiting the scope of the messages (e.g., "By signing this form, I agree to receive transactional SMS regarding my service appointment from [COMPANY NAME]. Message rates may apply. Reply STOP to opt out.")
Submitting Proof of Opt-in
During the application process, you will be asked to submit your opt-in process. To be approved, you must include your company name, clear branding, and opt-out instructions.
When Applying for a 10-Digit Long Code (10DLC) or Toll-Free Number (TFN):
You must describe your opt-in process.
Provide a link to your online opt-in form (ensure it is accessible without a login) OR provide a screenshot of the updated opt-in sample showing the full opt-in section (including input fields like the phone number field).
Ensure that the business name, email, and address in your application match the details presented during the opt-in process. Any mismatch can lead to rejection.
If Your Application is Rejected:
Ensure your opt-in process explicitly captures required details (consent, phone numbers).
Verify that your opt-in methods are network-approved.
Resubmit the application with compliant documentation. If updating your attachment on a platform like ClickSend, delete the existing attachment, attach the updated file, and resubmit.
In Case of an Audit:
If a carrier initiates an audit, ClickSend may request proof of subscriber consent. You must be able to provide clear records showing when and how each recipient opted in to receive SMS messages. Failure to supply adequate consent documentation may result in message blocking, sender ID suspension, or additional carrier‑required remediation.
Best Practices Summary
Never Pre-Select Checkboxes: Users must actively tick the box indicating their consent.
Keep Forms Simple: Simplify your forms with a single opt-in mechanism to reduce confusion.
Ensure Alignment: The consent text on your forms must match what is written in your Terms and Conditions (T&C) and Privacy Policies.
Regular Reviews: Regularly review carrier-specific requirements and test your processes periodically to identify and rectify potential compliance gaps.