Before collecting opt-in consent for SMS communications, you must inform recipients about what they're agreeing to. This article lists the required disclosure elements you need to include in your opt-in messages to comply with TCPA regulations and similar legislation.
Click here for legal requirements by region.
Required Disclosure Elements
Include all seven elements below in your opt-in agreement before collecting express written consent:
1. Business Name
Your business name must appear in both your opt-in agreement and every SMS message you send. Recipients should never have to guess who is texting them.
2. Message Type
Clearly describe what kind of SMS messages recipients will receive. Specify whether you'll send promotional messages (sales offers, announcements) or transactional messages (order confirmations, tracking updates).
3. Messaging Frequency
State how often you plan to send messages. Be specific—for example, "up to 4 messages per month" or "2-3 messages per week." Frequency directly impacts whether people will opt in.
4. Cost and Data Rates
Inform recipients that message and data rates may apply. Text message costs vary by cellular plan, so always include the disclaimer "Message and data rates may apply" even if you're not charging for the messages yourself.
5. Terms and Conditions
Provide a link to your complete terms and conditions. Your T&C outline how individuals can use your product or service. Because this information is typically lengthy, include a short URL or link in your opt-in message rather than the full text.
6. Privacy Policy
Include a link to your privacy policy that explains how you'll protect recipient data and privacy rights. Like terms and conditions, link to the full policy rather than including the complete text in your opt-in message.
7. Opt-Out Instructions
Explain how recipients can stop receiving messages. TCPA regulations require a fast, easy opt-out method. Include clear language such as "Reply STOP to unsubscribe" or "Text STOP to opt out at any time."
Express Written Consent Requirement
All seven elements above require express written consent from recipients. This means recipients must actively agree to receive messages—pre-checked boxes or assumed consent don't meet legal requirements.