Express written consent for marketing texts, explained
What counts as express written consent for marketing text messages, what a compliant consent statement includes, and the mistakes that leave businesses exposed.
·2 min read
Under US telemarketing rules, sending marketing texts with automated systems generally requires the recipient's prior express written consent. The phrase sounds legalistic, but the idea is simple: the person clearly agreed, in writing, to receive marketing texts from you.
This article explains the practical elements. It is general information, not legal advice, so have counsel review your own consent language.
What a consent statement should include
A solid consent statement names the business that will text, says the messages may be marketing, notes that they may be sent with automated technology, states that consent is not a condition of purchase, and mentions that message and data rates may apply and the person can reply STOP to opt out. It should sit next to the phone number field, not be buried in a terms page.
- ✓Names the specific business that will send messages.
- ✓Says messages may include marketing and use automated technology.
- ✓States consent is not required to buy.
- ✓Explains how to opt out and that rates may apply.
Common mistakes
Pre-checked boxes, consent hidden in terms of service, statements that cover a long list of unnamed partners, and relying on a lead vendor's consent without seeing the exact wording are frequent problems. If you buy leads, ask for the consent language, the page URL and a timestamp for each lead.
Keep proof
Consent is only useful if you can show it. Store the date and time, the source page, the exact wording shown, and the phone number that agreed. Keep those records for as long as you text the contact and for a period afterwards in case questions arise.
Key takeaways
- →Marketing texts generally need prior express written consent.
- →The statement must name your business and mention marketing.
- →Avoid pre-checked boxes and buried consent.
- →Store proof of consent for every contact.
Put this into practice with Text2Sale
Import leads, create follow-up campaigns, organize replies, and connect texting, calling, and appointments in one workspace.
Frequently asked questions
Does a customer texting me first count as consent?
It usually covers replying to their request, but not ongoing marketing campaigns. Get explicit consent for those.
Is verbal consent enough?
For marketing texts, written consent, which can be electronic such as a web form, is the safer standard.