SMS opt-in text messages: Definition, rules & examples 

Zoha Tapia Content Marketing Team Lead

It’s never been easier for businesses to connect with their customers than it is in today’s digital age. Channels from SMS and MMS all the way to WhatsApp and RCS are the most powerful tools in your arsenal to directly communicate with your customers, that too in real-time. 

And you know your customers want to hear from you when they opt in to receiving messages from you. It’s no small wonder why SMS open rates are 98%, much higher than competing channels of engagement. This makes SMS a highly effective channel for direct customer engagement. But only when your customers actually opt-in.

What is SMS opt-in 

SMS opt-in refers to the explicit consent customer recipients grant to businesses which allows a business to send customers messages by text of a promotional nature. 

However, the importance of obtaining explicit consent for SMS opt-ins cannot be emphasized enough. Failure to adhere to the strict regulations surrounding SMS opt-ins can lead to severe consequences, as some businesses have learned the hard way. In fact, a recent ruling by the Eleventh Circuit Court in the US has emphasized the significance of SMS compliance, stating that even one unsolicited text message can constitute sufficient grounds for a lawsuit.

And it’s not just about obtaining consent just for legal compliance but to build trust, foster strong customer relationships, and maximize the potential of SMS marketing campaigns. 

Scenario 1: A retailer’s costly oversight 

A thriving retail chain is eager to expand its reach and boost sales through SMS marketing. Focused on rapid growth, the retailer decided to skip the opt-in process and sent promotional messages to a vast list of mobile numbers without explicit consent. While this move initially seemed like a shortcut to success, it turned into a nightmare when they faced legal repercussions.

The authorities penalized the retailer heavily for violating the Telephone Consumer Protection Act (TCPA), which safeguards consumers from unsolicited SMS messages. The fines and legal fees imposed not only caused significant financial losses but also severely damaged their brand reputation. Customers expressed dissatisfaction, leading to decreased trust and a decline in overall sales.

Scenario 2: An event organizers misstep

An event management company planned to host a series of exciting events throughout the year. In a bid to fill seats quickly, they obtained a list of mobile numbers and assumed that recipients would appreciate receiving event updates. However, the absence of explicit opt-in consent proved disastrous for their SMS campaign. 

Several recipients filed complaints, as they felt their privacy had been compromised. The regulatory authorities intervened, and the event organizer faced steep penalties for violating SMS marketing regulations. The negative publicity resulting from this incident tarnished their image as a reliable and customer-focused organization, affecting ticket sales and future event attendance.

But none of these scenarios need to apply to you and your business. Just deep dive into our blog as we will delve into the significance of SMS opt-ins. 

What is an opt-out text message?  

An opt-out message is sent from the customer asking to unsubscribe from the business’ SMS promotional messages. Just like how compliance rules and messaging regulations require brands to collect opt-ins, they are also required to clearly tell customers how they can remove themselves from SMS lists. Depending on where brands are sending messages, the frequency of the opt-out information can vary. For example, some places might require brands to add an opt-out message at least once a month, or even in every promotional message.  

It usually consists of the user sending the word “STOP” to the business, or some other similar key word. The customer will usually get one final SMS message confirming that they won’t be getting any more promotional SMS messages from that brand. The brand is then required to remove that customer from all promotional SMS lists.  

For example, this customer sends STOP to an eCommerce store to stop the brand from sending promotional messages to them over SMS:  

SMS opt-in requirements and regulations 

This does not constitute legal advice. Always look for legal advice and ensure any SMS campaign follows all the compliance regulations of your region and operators.

Before you begin your SMS marketing journey, it’s essential to understand the opt-in requirements set by the United States regulations. The Telephone Consumer Protection Act (TCPA) and the Cellular Telecommunications Industry Association (CTIA) have established specific rules to safeguard consumers from unsolicited messages. Here are some key points to consider: 

  • Express written consent: To legally send SMS messages (promotional or transactional), you must obtain express written consent from your recipients. This means they must knowingly and voluntarily agree to receive your SMS communications. Written consent can be gathered through web forms, mobile apps, or text-to-join campaigns. 
  • Clarity and transparency: Your opt-in process should be clear, concise, and transparent. Inform users about the frequency and type of messages they can expect to receive and provide an easy way to opt-out at any time. 
  • Keep records: Maintain records of opt-ins, including timestamps and IP addresses, as evidence of consent in case of any disputes. 

Beyond opt-ins and opt-outs, there are several other elements of SMS compliance that businesses should be aware of. These include: 

  • Message content: The content of SMS marketing messages should not be misleading or deceptive. For instance, if a message contains a promotional offer, it must clearly state all terms and conditions. 
  • Data protection: Businesses must ensure the secure handling of customer data, in line with laws such as the General Data Protection Regulation (GDPR) in Europe. This includes not sharing the data with third parties without explicit consent and implementing robust security measures to prevent data breaches. 
  • Timing restrictions: Certain jurisdictions have rules regarding the timing of promotional messages. In some regions, businesses are prohibited from sending marketing messages during certain hours. 
  • Frequency of messages: The frequency of messaging should also be considered. Overloading customers with too many messages can be seen as intrusive and lead to complaints.

Additionally, if you are using a 10DLC number for your marketing campaigns, you need to register your number and your campaign to compliantly send any messages.  

The importance of SMS opt-ins

The above scenarios serve as stark reminders of the importance of SMS opt-ins. Implementing a proper opt-in process not only protects businesses from legal repercussions but also offers numerous benefits: 

  • Legal compliance: Adhering to SMS opt-in regulations, such as the TCPA in the United States, ensures that your marketing efforts are above board, safeguarding both your business and your customers. 
  • Enhanced customer trust: Requesting explicit consent shows respect for your customers’ privacy and preferences. By gaining their trust, you foster positive relationships and increase the likelihood of customer loyalty. 
  • Targeted marketing: With an opted-in audience, you can tailor your SMS campaigns to specific customer segments, delivering personalized content that resonates with their interests and needs. 
  • Improved ROI: SMS marketing to a receptive audience typically yields higher engagement rates and, consequently, improved Return on Investment (ROI) compared to unsolicited messaging. 

SMS opt-in tips and best practices to grow your list 

  1. SMS keywords
  2. Online forms
  3. Ask at checkout or QR codes
  4. Website pop-up

1. SMS keywords

An SMS keyword is a short and special word that connects to your marketing campaign. Customers can text this word to your brand to sign up to your SMS list to get promotional offers, special discounts, and other information from your brand. 

For example, an optical might promote the keyword “SEE” to get customers to opt-in to receiving promotional SMS messages for contact lenses, glasses, exams, and more.

Best practice: Make sure your SMS keyword is simple, memorable, and aligns clearly with your product or service. Keep the keyword only a few characters long so it’s easy for customers to quickly type in and send.

2. Online forms

Online forms are a great opportunity for brands to ask for permission to send SMS messages to customers. At the end of the form, include an option to opt-in for promotional messages via SMS, like how you might add an email option.

Best practice: Make sure to always include the opt-out option in the first SMS you send. Sometimes customers forget they signed up or maybe sign up by accident. By giving them clear and easy opt-out instructions, brands can lower pain points and protect their reputation.

3. Ask at check-our or QR-codes

A wide range of brands have the opportunity to collect SMS opt-ins during check-out or even in person. Add a simple check box at the online check-out where they can agree to receive promotional, transactional, or reminder messages over SMS, or set up a QR code sign in physical stores for customers to sign up in person.

Best practice: Be transparent about the frequency of the messages and the content they might receive. You don’t want your brand to come across as spam or annoying to customers, so keep the promotional SMS messages to a reasonable amount and only contain relevant content to the customer. 

4. Website pop-up

When customers reach your website or app, ask for their opt-in for SMS messages through a pop-up. Similar to a web pop-up for an email newsletter, it gives the customer the chance to sign-up to start getting marketing messages over SMS. 

Best practice: Offer instant gratification with a discount or promo for signing up. For example, a retailer might offer 15% off their next purchase when they sign up for promotional SMS messages, or a travel agency might offer free breakfast at their next accommodation if they opt-in. 

SMS opt-in examples 

Now that you understand the requirements, let’s take a look at how brands can apply these best practices in various industries:

Retail

This retailer used a web pop-up to encourage users to sign up for SMS message and redeem an instant discount.

Web pop up SMS opt in for retailer

Events

A ticket seller uses their online account creation form to ask permission to send promotional SMS messages.

SMS opt in example with online forms

Travel

A travel airline uses a transactional message to ask permission to send other types of messages. The customer can reject or accept the invitation easily.

Opt in for promotional SMS for airlines

Finance

A bank uses a QR code in their branches to encourage customers to sign up for updates and account alerts via SMS.

OR code for SMS opt-ins

How to create an opt-in SMS campaign 

Now, let’s roll up our sleeves and get practical! Follow these steps to create a successful opt-in SMS campaign: 

  • Define your objectives
    Set clear and achievable goals for your campaign, such as increasing sales, driving website traffic, or promoting a new product. 
  • Build an engaging CTA: 
    Craft a compelling call-to-action (CTA) that incentivizes users to opt-in. Highlight the benefits they’ll receive by subscribing to your SMS updates. 
  • Choose the right platform: 
    Select a reliable SMS service provider like Infobip to ensure smooth delivery and manage opt-ins efficiently. 
  • Segment your audience: 
    Personalize your messages by segmenting your audience based on their preferences and behavior. This ensures relevant content reaches the right people. 
  • Timing matters: 
    Be mindful of the time zone and frequency of your messages. Avoid sending messages during odd hours and respect your subscribers’ preferences. 
  • Track and analyze results: 
    Monitor the performance of your campaign regularly. Analyze open rates, click-through rates, and conversion rates to identify areas for improvement. 

Difference between single opt-in and double opt-in 

When setting up an opt-in process for your SMS or marketing campaigns, you have two primary options: single opt-in and double opt-in. Each method has its advantages and considerations. 

Single opt-in 

  • Requires users to provide their contact information (e.g., mobile number or email) once to opt-in to your communication. 
  • The opt-in process is quick and straightforward, as users only need to take one action to subscribe. 
  • Immediate access to your marketing messages or content, as there’s no additional confirmation needed from the end user post this. 
  • Simplicity can result in a higher initial opt-in rate, as there are fewer steps for users to complete. 
  • Offers faster list building, as subscribers are added immediately after providing their information. 
  • However, single opt-in might lead to a higher risk of receiving fake or mistyped information. 

Double opt-in 

  • Requires users to provide their contact information and confirm their subscription via a confirmation link or code
  • Provides an extra layer of verification, ensuring that subscribers genuinely want to receive your communications. 
  • Reduces the risk of fake or mistyped information, as users must verify their email address or mobile number. 
  • Builds a more engaged and qualified audience, as only those genuinely interested will complete the verification process. 
  • Enhances data accuracy and deliverability, as confirmed subscribers are more likely to provide valid contact details. 
  • Slightly lower initial opt-in rate compared to single opt-in, as some users might not complete the confirmation step. 
  • Double opt-in might take longer to grow your subscriber list due to the additional verification step. 
SMS double opt-in example

Single opt-in

Single opt-in is ideal for rapidly growing your subscriber list and when immediate access to your content is essential.

Double opt-in

Double opt-in is recommended when maintaining data accuracy and building a highly engaged audience is a priority and is mandatory for certain use cases such as cart abandonment reminders. 

Soft opt-in exists as a third method of receiving customer consent. You can advertise supplemental channel options over existing communications – i.e. via an email newsletter – to introduce the option of opting in to receiving SMS updates, as well. 

Note: Consider the potential impact on your marketing goals, legal requirements, and the level of user consent you desire. 

Opt-ins across various communication channels 

While we have primarily focused on SMS opt-ins, it’s essential to understand that opt-in requirements apply to various communication channels beyond SMS. Let’s explore the opt-in requirements for other popular channels like WhatsApp, RCS, Email, Google’s Business Messages, and Apple Messages for Business: 

WhatsApp Business Platform: WhatsApp is a widely used messaging platform with a massive user base. To use WhatsApp for business communication, you need explicit opt-in consent from your recipients. WhatsApp Business Platform requires users to initiate conversations with businesses first, and only then can businesses respond with promotional messages or updates. This means you cannot send unsolicited messages on WhatsApp, and all communications must be user-initiated or fall within the scope of customer support. 

Rich Communication Services (RCS): RCS is an enhanced messaging service that offers more interactive and engaging features compared to traditional SMS. Like WhatsApp, RCS messaging requires explicit consent from recipients before businesses can send marketing messages. RCS also supports messaging templates, allowing businesses to provide structured content, but they must still adhere to opt-in requirements. 

Email: Email marketing is a powerful tool for businesses to reach their target audience. While there are no explicit opt-in requirements for email marketing in the United States, it’s essential to comply with anti-spam laws like the CAN-SPAM Act. The CAN-SPAM Act mandates that emails must include a clear and conspicuous way for recipients to opt-out from further communications.

Apple Messages for Business: Apple Messages for Business allows businesses to communicate with customers using Apple’s Messages app. Like other messaging channels, opt-in consent is essential for sending promotional or marketing messages. Businesses can offer customer support, share product information, and even facilitate purchases through Business Chat. 

Viber: Viber is a popular messaging app that supports business communication through Viber Business Messages. Businesses can only initiate a conversation and build a deeper connection with the end customer if the recipient of their messages provided their consent (opt-in) before. Therefore, businesses must obtain explicit consent for sending promotional content, providing support or marketing messages. If a customer initiates a conversation with a chatbot via Viber Bots, then they will automatically considered as opted-in.

Zalo Notification Service: Zalo is the most popular chat app in Vietnam. For businesses trying to expand their presence in the region they would need to create a Zalo Official Account. Even if a customer doesn’t subscribe to the account, you can contact them only if they have consented or provided their phone number, or the business notifies the customer in advance about the purpose and conditions of sending notifications. 

In today’s digital landscape, businesses have various communication channels at their disposal to engage with customers. While SMS opt-ins are crucial for complying with regulations like the TCPA, similar principles of explicit consent apply to other popular channels such as WhatsApp, RCS, Email, Google, and Apple. Whether it’s instant messaging, email marketing, or targeted advertising, obtaining user consent is a fundamental practice that demonstrates respect for user privacy and preferences. 

As you plan your marketing strategies across different communication channels, remember that building trust and fostering positive relationships with your audience are paramount. By respecting opt-in requirements and providing valuable, relevant content, you can create successful marketing campaigns that resonate with your customers and drive long-term success for your business. 

Stay compliant and secure 

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