Prompt
I need compliance help for SMS opt-in and opt-out
Latest observation
Absolutely — I can help with SMS opt-in and opt-out compliance.
A few important notes first:
- I’m not a lawyer, so this isn’t legal advice.
- SMS rules vary by country, and in the U.S. they can involve TCPA, CTIA carrier guidelines, and state laws.
- Compliance depends on how you collect consent, what you say at signup, and how you handle STOP requests.
Core SMS compliance basics
Opt-in requirements
You generally want:
- Clear affirmative consent
- The user must take an intentional action, like checking an unchecked box, texting a keyword, or submitting a form.
- Explicit disclosure
- Tell them:
- who is sending the texts,
- what kind of messages they’ll get,
- message frequency,
- “Msg & data rates may apply,”
- how to opt out,
- how to get help.
- Tell them:
- No pre-checked boxes
- Consent should not be bundled into unrelated terms.
- Proof of consent
- Save timestamp, source, wording shown, phone number, IP/device info if available, and confirmation method.
Opt-out requirements
You should:
- Honor STOP immediately
- Common keywords: STOP, CANCEL, UNSUBSCRIBE, QUIT, END, REVOKE.
- Send a confirmation
- Example: “You’ve been unsubscribed and will no longer receive messages.”
- Keep opt-out logic simple
- Don’t make people log in or jump through hoops.
- Respect all channels
- If someone opts out, they should not receive marketing SMS unless they re-opt in.
Recommended opt-in language
Here’s a common compliant-style example:
By checking this box and signing up, you agree to receive recurring automated promotional and personalized marketing text messages from [Brand Name] at the mobile number provided. Consent is not a condition of purchase. Msg & data rates may apply. Message frequency varies. Reply STOP to cancel, HELP for help.
If you also send non-promotional alerts, separate them clearly:
You agree to receive account and service notifications from [Brand Name]. Message frequency varies. Msg & data rates may apply. Reply STOP to opt out, HELP for help.
Best practices
- Keep marketing and transactional consent separate if possible.
- Make sure your privacy policy and terms mention SMS.
- Use double opt-in if risk is higher or your provider recommends it.
- Don’t text people who only gave you a phone number unless they clearly consented to texts.
- Make sure your signup flow works on mobile and desktop.
- If you use keywords or QR codes, make sure the consent language is still visible or easily accessible at the point of opt-in.
Common mistakes
- Hidden consent in terms and conditions
- Pre-checked opt-in boxes
- Vague wording like “we may contact you”
- No record of consent
- Sending texts after STOP
- Mixing marketing with required account communications
- Letting third parties collect consent without proper disclosures
If you want, I can help with any of these:
- Draft compliant SMS opt-in language for your website or checkout flow
- Draft STOP/HELP auto-replies
- Review your current opt-in copy for risk
- Create a compliance checklist for your team
- Help for a specific country or region
If you paste your current SMS signup wording or workflow, I can review it and suggest safer compliance language.
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