Before you can send text messages to individuals, you must first obtain their proper consent. This ensures compliance with industry standards and helps prevent your messages from being filtered or blocked by carriers.
This article explains what qualifies as valid consent, what doesn’t, and what additional requirements apply.
What is proper consent?
Proper consent means the recipient explicitly agrees to receive messages from you before you send them. They must:
Understand what they are opting into
Know who is sending the messages
Agree to receive messages for a specific use or campaign
You must be able to prove consent if asked by carriers or regulators.
Acceptable proof of consent
You should maintain records that show when and how a user opted in. Examples include:
A signed document or consent form
A timestamp from a web sign-up or form submission
A screen capture of a digital opt-in checkbox (with date/time)
Important. Consent cannot be bought, sold, or transferred.
Purchasing a phone list or using leads from a third party does not constitute valid consent.
Additional consent requirements
Unless noted in the exceptions below, consent must also meet these conditions:
Timely use: If you don't send an initial message to the recipient within a reasonable period after you've got their consent, you'll need to confirm consent in the first message you send.
Specific use only: Consent applies only to the purpose the person agreed to. It does not allow you to send messages about unrelated campaigns, other brands, or companies you may own.
Example: If a user agrees to get messages about cleaning services, you may not send them unrelated offers for other products or businesses.
Record keeping: Maintain records of all opt-ins to ensure compliance and to resolve potential disputes. This includes keeping proof of opt-in consent even after a contact opts out of receiving messages.
Alternate forms of consent
While consent is always required, and the guidelines above are the safest path, there are scenarios where consent can be obtained through alternative methods:
1. When the individual contacts you first
If someone sends a message to you, you are free to respond to that specific inquiry.
Example: A customer texts asking about your business hours, and you reply with the information.
This counts as limited consent only for that particular conversation. You must still obtain consent for future or unrelated messages.
2. Informational messages to an Individual following a prior interaction
If someone has an established relationship with your business and willingly provided their number, you may send them relevant updates, unless they have expressed a desire to stop communication.
Examples of acceptable interactions: Pressing a button, setting alerts or reminders, booking appointments or placing orders.
Examples of acceptable messages: Appointment reminders, receipts, one-time passwords, order/shipping confirmations, driver or technician coordination messages.
Ongoing messaging and reconfirmation
For long-term communication, make sure to:
Remind recipients how to unsubscribe using standard opt-out language.
Respect contact frequency preferences
Periodically reconfirm their consent, especially for recurring campaigns