What Every Business Should Know About SMS Opt-In

Why SMS Opt-In Is Crucial for Your Business

SMS opt-in is the process by which a customer gives explicit permission to receive marketing messages via text. Unlike email or social media, text messages arrive directly on a customer’s mobile phone, making consent even more critical. Here’s why mastering SMS opt-in is essential:

• Legal Compliance: Laws like the Telephone Consumer Protection Act (TCPA) in the United States require businesses to obtain express written consent before sending promotional messages.
• Customer Trust: Respecting opt-in preferences builds trust and reduces the risk of your messages being seen as spam.
• Marketing Effectiveness: A well-managed opt-in list ensures your SMS messages reach an engaged audience, improving ROI and reducing opt out requests.
• Brand Reputation: Sending unsolicited text messages can damage your brand and lead to negative reviews or legal action.

Key SMS Marketing Regulations: What You Must Know

SMS Marketing Regulations in France

France has some of the strictest SMS marketing rules in the world, shaped by multiple regulatory bodies and laws:

• GDPR (General Data Protection Regulation): Applies to all personal data processing, including SMS marketing. Requires explicit, informed, and unambiguous consent for marketing messages.
• CNIL (Commission nationale de l’informatique et des libertés): The French data protection authority, enforcing privacy and consent rules.
• French Data Protection Act & ePrivacy Directive: Set standards for electronic communications and data privacy.
• French Postal and Electronic Communications Code (CPCE): Article L.34-5 regulates electronic marketing, including SMS.
• LCEN (Law on Trust in the Digital Economy): Governs digital marketing and consent requirements.
• French Consumer Code: Article L.121-34 requires easy opt-out options for all commercial messages.

What the Law Requires

• Obtain explicit, written consent before sending any marketing SMS
• No unsolicited text messages—sending promotional SMS without prior consent is strictly prohibited
• Keep clear records of consent, including the date, time, and method
• Clearly identify your brand in every message
• Always include a free, simple opt-out mechanism (usually the word “STOP”)
• Respect quiet hours: No marketing SMS between 8 PM and 8 AM on weekdays, and none on Sundays or public holidays
• No pre-ticked checkboxes—consent must be actively given
• Consent is channel-specific: SMS consent does not cover email and vice versa
• Messages must be in French when targeting French customers

The Telephone Consumer Protection Act (TCPA) – United States

The TCPA is the primary law governing SMS marketing in the U.S. It requires businesses to obtain “prior express written consent” before sending marketing text messages. As of April 2025, new rules require companies to honor opt-out requests made through any reasonable means—not just standard keywords like “STOP”.

Key TCPA requirements:

• Obtain explicit written consent before sending marketing messages.
• Maintain records of consent, including the phone number, timestamp, and method of opt-in.
• Provide clear opt out instructions in every message.
• Honor opt out requests promptly, regardless of the method used.

Other Relevant Laws

• CAN-SPAM Act (USA): Applies to commercial messages and requires clear opt out mechanisms for electronic communications, including SMS in some cases.
• Cellular Telecommunications Industry Association (CTIA) Guidelines: Industry standards that recommend best practices for SMS marketing, such as honoring opt outs and providing clear disclosures.
• GDPR (Europe): Requires explicit consent for marketing messages sent to EU residents.

Note: If you market to customers in other countries, always check local SMS regulations to ensure compliance.

The Anatomy of an Effective SMS Opt-In

To comply with regulations and maximize the value of your SMS list, your opt-in process should include:

• Clear Disclosure: Explain what types of messages will be sent (e.g., promotional messages, transactional messages), frequency, and potential costs (“Msg & Data rates may apply”)
• Explicit Consent: Use language that makes it clear the consumer is agreeing to receive future text messages from your business.
• Opt-In Mechanism: This can be an online form, a specific keyword texted to a shortcode, a checkbox during checkout, or a pop up on your website.
• Confirmation Message: Immediately send a message confirming their subscription and reiterating opt out instructions (“Reply STOP to unsubscribe”).

Example of a Compliant Opt-In Message

“Thank you for signing up for updates from ATL Communications! You’ll receive up to 4 messages/month. Reply STOP to opt out. Msg & Data rates may apply.”

Single Opt-In vs. Double Opt-In: Which Is Better?

Double opt-in is considered the gold standard. After a user provides their phone number (e.g., via online form or keyword text), they receive a follow up message asking them to confirm their subscription by replying “YES” or another specific keyword. This method:

• Confirms the subscriber’s intent.
• Reduces the risk of spam text messages and unsolicited text messages.
• Protects your business in case of disputes about consent.

How to Collect SMS Opt-Ins

Best practices for collecting opt-ins:

• Online Forms: Add a checkbox (unchecked by default) for users to consent to receive SMS messages. Clearly explain what they’re signing up for.
• Keyword Campaigns: Encourage customers to text a specific keyword (e.g., “JOIN”) to your shortcode. The opt in text message should include all required disclosures.
• In-Store Signups: Use tablets or paper forms with clear opt in text and a signature field.
• Social Media Posts: Promote your SMS campaign and provide clear instructions for opting in.

Always capture and securely store the customer’s express written consent, including the date, time, and method.

Honoring Opt Out Requests: Avoiding Unwanted Messages

Respecting opt outs is just as important as securing opt ins. The new TCPA rules require businesses to honor opt out requests made by “any reasonable means,” not just standard keywords like “STOP” or “UNSUBSCRIBE”. This means you must monitor for:

• Variations like “cancel,” “remove me,” or even typos.
• Opt out requests sent via email, phone calls, or other channels.

Best practices:

• Automate opt out processing to ensure requests are honored immediately.
• Include clear opt out instructions in every marketing message.
• Regularly audit your SMS subscriber list to remove opted-out numbers.
• Send a confirmation message when a user opts out (“You have been unsubscribed and will no longer receive messages.”).

Failing to honor opt out requests can lead to complaints, lawsuits, and fines exceeding $1,500 per unsolicited text message.

Building Trust: The Customer Experience

Consumers are more likely to engage with your SMS marketing if they feel in control. Here’s how to create a positive experience:

• Set Expectations: Clearly state how often you’ll send messages and what type of content they’ll receive.
• Be Transparent: Disclose all terms, including marketing costs and how to easily opt out.
• Segment Your List: Only send relevant promotional text messages to customers who have shown interest.
• Avoid Over-Messaging: Too many messages can lead to opt outs and complaints.
• Honor Privacy: Never share or sell phone numbers without explicit permission.

Avoiding Common Pitfalls

• Don’t buy SMS lists. Only message people who have provided explicit consent to receive messages from your business.
• Don’t hide opt out instructions. Make it easy for subscribers to unsubscribe at any time.
• Don’t mix transactional and promotional messages without clear consent for both.
• Don’t ignore unsubscribe requests—even if they don’t use the exact keyword.

The Role of Consent Management Tools

As SMS regulations evolve, managing consent manually can be risky. Consider using CRM or dedicated consent management tools to:

• Track opt ins and opt outs in real time.
• Store records of customer consent.
• Automate compliance with the latest SMS regulations.
• Reduce the risk of sending unwanted messages.

Frequently Asked Questions

What counts as express written consent?
Express written consent is a clear, documented agreement from the consumer to receive marketing messages. It can be collected via online forms, text replies, or signed documents, as long as it’s stored and accessible in case of disputes.

How can customers opt out of SMS messages?
Customers can opt out by replying with keywords like “STOP,” “UNSUBSCRIBE,” or by contacting your business via other reasonable means. Always process opt out requests promptly.

What happens if I send unsolicited text messages?
Sending messages without proper consent can result in fines, lawsuits, and damage to your brand reputation. Under the TCPA, fines can exceed $1,500 per unsolicited message in the U.S.

Can I send transactional messages without opt in?
Transactional messages (e.g., order confirmations) may be exempt from some marketing consent requirements but must not contain promotional content unless explicit consent has been given.

Conclusion: Mastering SMS Opt-In for Long-Term Success

SMS marketing remains one of the most powerful marketing channels for businesses—but only when built on a foundation of trust, transparency, and compliance. By mastering SMS opt-in, honoring opt out requests, and staying up to date with regulations like the TCPA, you protect your business and create a better experience for your customers.

Encourage customers to opt in with clear, compelling offers. Always secure and document their express written consent. Make it easy to opt out, and never send unwanted messages. With these best practices, your SMS campaign will drive results, foster loyalty, and keep your business on the right side of the law.

Ready to take your SMS marketing to the next level? Start by reviewing your opt-in process today—and make sure every text message you send is one your customers actually want to receive.