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How to Set Up Proper SMS Opt-In and Opt-Out
Every SMS marketing program needs a compliant opt-in process that collects express written consent and an opt-out mechanism that instantly honors unsubscribe requests. Getting this right protects you from TCPA fines of up to $1,500 per message and ensures carriers do not flag your number for blocking.
What Counts as Valid Opt-In
For marketing text messages, the TCPA requires express written consent. This means the subscriber must take a clear, affirmative action to agree to receive texts from your business. Valid opt-in methods include:
- Checking a box on a web form (the box must NOT be pre-checked)
- Texting a keyword to your number (like texting JOIN to 55555)
- Signing a paper form that includes SMS consent language
- Completing a two-step online process where they enter their number and confirm
What does NOT count as valid consent: buying a list of phone numbers, scraping numbers from websites, having someone's number from a previous business relationship without explicit SMS consent, or pre-checking an opt-in checkbox.
Step-by-Step: Setting Up Opt-In
Step 1: Create a compliant opt-in form.
Add a phone number field to your signup form with a clear, unchecked checkbox next to consent language. The language must state: the name of your business, that the person is agreeing to receive text messages, the approximate frequency of messages, that message and data rates may apply, and that consent is not required for purchase.
Add a phone number field to your signup form with a clear, unchecked checkbox next to consent language. The language must state: the name of your business, that the person is agreeing to receive text messages, the approximate frequency of messages, that message and data rates may apply, and that consent is not required for purchase.
Step 2: Add required disclosure language.
Near the opt-in checkbox, include text similar to: "By checking this box, you agree to receive marketing text messages from [Business Name] at the phone number provided. Message frequency varies. Msg & data rates may apply. Reply STOP to unsubscribe. Consent is not a condition of purchase." This language satisfies TCPA and CTIA requirements.
Near the opt-in checkbox, include text similar to: "By checking this box, you agree to receive marketing text messages from [Business Name] at the phone number provided. Message frequency varies. Msg & data rates may apply. Reply STOP to unsubscribe. Consent is not a condition of purchase." This language satisfies TCPA and CTIA requirements.
Step 3: Send a confirmation message.
Immediately after someone opts in, send a confirmation text that includes your business name, a reminder of what they signed up for, message frequency, how to opt out (Reply STOP), and a note that message and data rates may apply. This confirmation serves as documentation of consent and gives the subscriber a chance to opt out immediately if they changed their mind.
Immediately after someone opts in, send a confirmation text that includes your business name, a reminder of what they signed up for, message frequency, how to opt out (Reply STOP), and a note that message and data rates may apply. This confirmation serves as documentation of consent and gives the subscriber a chance to opt out immediately if they changed their mind.
Step 4: Set up keyword opt-in (optional).
Create a keyword like JOIN, SUBSCRIBE, or YES that people can text to your number to opt in. When someone texts the keyword, auto-reply with your confirmation message. This is especially useful for in-store signups, print advertising, and social media promotions where you want a simple action people can take on their phone.
Create a keyword like JOIN, SUBSCRIBE, or YES that people can text to your number to opt in. When someone texts the keyword, auto-reply with your confirmation message. This is especially useful for in-store signups, print advertising, and social media promotions where you want a simple action people can take on their phone.
Step 5: Configure automatic STOP handling.
Set up your system to recognize opt-out keywords (STOP, CANCEL, UNSUBSCRIBE, QUIT, END) and immediately add the number to your suppression list. The platform handles this automatically when configured. Send a confirmation reply like "You have been unsubscribed and will receive no further messages." See automatic STOP handling for details.
Set up your system to recognize opt-out keywords (STOP, CANCEL, UNSUBSCRIBE, QUIT, END) and immediately add the number to your suppression list. The platform handles this automatically when configured. Send a confirmation reply like "You have been unsubscribed and will receive no further messages." See automatic STOP handling for details.
Documenting Consent
Keep records of every opt-in for at least four years. For each subscriber, store:
- The phone number that opted in
- The date and time of opt-in
- The method of opt-in (web form, keyword, paper form)
- The exact consent language they agreed to
- The IP address or source (for web opt-ins)
If someone files a TCPA complaint, this documentation is your primary defense. Without it, you have no proof of consent and will likely lose the dispute.
Double opt-in: While not legally required, double opt-in (where the subscriber confirms via a reply text after the initial signup) provides stronger consent documentation and results in a higher-quality list. Consider using it for any list where you expect high volume or sensitive content.
Common Opt-In Mistakes
- Pre-checking the SMS consent checkbox on forms
- Burying consent language in terms of service that nobody reads
- Combining SMS consent with email consent in a single checkbox without clear language about both
- Not storing consent records and relying on the existence of a phone number as proof of opt-in
- Using consent collected for one purpose (like two-factor authentication) to send marketing messages
Set up compliant SMS opt-in forms and start building your subscriber list the right way.
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