Messaging Consent and Opt In Guidance

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Messaging Consent and Opt In Guidance

Guidance for Messaging Practices and Developing Proper Opt In Procedures

To participate in A2P business messaging, it is important for you to understand the basic expectations of the industry.  A2P (Application To Person) messaging is where a business uses an application to send messages to a cell phone recipient.  We are here to help you navigate this new territory and communicate effectively with your customers.

Building Trust

The mobile carriers understand the importance of reestablishing trust in the industry, so that people will begin accepting calls and allowing texts.  They are working very hard to identify and block the bad actors that send unwanted messages, phishing, smishing, and scams to everyone’s phones.

Identity Fraud Cost Americans $43 Billion in 2023 claimed Christina Ianzito in her AARP article published April 10, 2024. “There are different ways that criminals can access your personal information. They include identity fraud scams, where criminals influence a consumer to expose sensitive data, often by misrepresenting themselves.” She explains, “These commonly are in the form of impersonation scams, where you’ll receive calls, emails or texts spoofing a government agency, law enforcement, a deliver service, or your bank.”

We understand how important it is that you build your customers’ trust in your business.  We recommend that you learn and implement good messaging practices.  These best practices help you to communicate very effectively with your customers and future prospects in their preferred medium–the text message.

Messaging Consent and Opt In Guidance

Opt-In Consent

The Opt-In process involves getting permission or consent from the receiver before sending a business text. A disclaimer in your terms and conditions does not qualify. Third party opt-ins are not allowed. You must directly obtain your own opt-in for business communication from an application platform.  Make sure your CRM system has Consent and Non-Consent fields enabled so that you can document their consent response.  You may need to add fields for each of your use cases because consent for information does not transfer to marketing.  On your messaging campaign, you must demonstrate that you receive the appropriate consent level for your use case.

What level of consent do I need?

The messaging industry groups messages into three categories: Conversational, Informational and Marketing.  Each messaging type has an appropriate consent level because of the type of messaging involved and with whom.

Conversational Messaging

Conversational messaging is a one-on-one two-way conversation between you and your existing customers, employees, or known contacts with an existing business relationship.

It is implied that a customer wants a response when they initiate a text to a business with a request for information.  This is considered Implied Consent; however it is a passive opt-in (a weaker consent level) rather than a direct opt-in. Because you are communicating with individuals you have an existing business relationship with, implied consent is adequate.

When a consumer (who is not an existing customer) initiates the communication, the business may reply to that one request.  To contact the consumer again, there must be express consent.

Informational Messaging

Information messaging is when a consumer supplies your business with their phone number and asks to be contacted in the future.  This could be a single response/alert or a two-way conversation about the information requested.  The consumer must agree to receive the texts when they give a business their mobile number.  The business needs Express Consent (oral or written)  to provide the information to the consumer.  Examples of written consent could be a contact form on your website, or paperwork where messaging consent is granted.  If you obtain oral consent, we recommend that you develop a script or procedures to standardize the process.

Promotional Messaging

Promotional messaging contains marketing or sales information and may include a call to action.  Any promotional messaging requires Express Written Consent which involves them signing a form, checking a box online, etc. expressly stating that they consent to receiving promotional text messages.

Ways to Obtain Opt-In Consent

Always provide transparency about the purpose and content of your messaging. You are building trust with the individual, and you want them to have a good customer experience. Keep it clear and simple.  Disclose their ability to opt-out at any time.

Paperwork:  The perfect time to obtain messaging consent is immediately upon establishing the new relationship.  For example, hiring paperwork, customer onboarding, new patient paperwork, etc.

Oral:  You can record oral consent during customer service interactions; however please note that this is more difficult to document when going through the campaign submission process. You must have a documented procedure or script, and be able to produce that documentation.

Webform: Any webforms that collect a phone number (like a sign up form, contact us form, checkout page or pop-up forms) must display messaging disclosures.  If the phone number is a required field, a best practice would be to disable the submit button unless the consent checkbox is checked.  This ensures that every submission you receive from the form has provided messaging consent.

  • “By providing my phone number, I consent to calls and/or text messaging. I understand that mobile message and data rates from my cell phone carrier may apply, message frequency may vary, and I may opt-out of messaging at any time by replying ‘Stop’.”

Email: You might include a call-to-action on your email like “Text SUBSCRIBE to [phone number]”. Include your messaging disclosures of cost, frequency and stop.  Consider the Double Opt-In for added confirmation.

Social Media: You could promote your SMS subscription on your social media platforms with “Text SUBSCRIBE to [phone number]”. Include your messaging disclosures of cost, frequency and stop.

Promotional Materials: Include your call-to-action “Text SUBSCRIBE to [phone number]” on your business cards, flyers, etc.

QR Codes:  You can provide a QR code that links to an online form.  Make sure your form provides messaging disclosures of cost, frequency and stop.

 

Consent Methods that are Not Valid

Third-Party Consent:  Let’s say you receive a list of phone numbers where consent was granted to another entity. That consent does not transfer to your organization. You must receive your own direct opt-in before you can message them.

Messaging Them to Ask:  You cannot message someone to ask for consent when you don’t have consent to message them in the first place. You must get consent to messaging from another method first.

Transferring Consent to All your Use Cases:  When an individual consents to appointment reminders, that consent does not transfer to your promotional texts, like your weekly specials or discount on services.  They must have also given explicit written consent to marketing.

What is a Double Opt-In?

The Double Opt-In is not required yet in business SMS; however, the industry is stressing their desire for all businesses to get double opt-in confirmation during the initial SMS conversation. Consumers like it because they have that extra opportunity to really make sure it is what they want.  Businesses like it because they know the subscriber is truly interested, and it can weed out spammers and bots.  Your programmable SMS can also electronically record the Yes or No response, making it easier to document consent in their customer record.

Here’s how it works:

Upon receiving messaging consent from the customer, the business sends a message asking the individual to confirm their consent with Yes.  Rather than a sterile legal consent, consider it more like a friendly Welcome Message that thanks them for subscribing and asks them to please reply YES for consent.  Here are a few examples:

  • “Thanks for signing up for our text alerts. Please confirm that you want to receive texts from [business name]. Msg & data rates may apply. Frequency may vary. Reply ‘Stop’ to opt-out. Reply YES to confirm.”
  • “Hi, this is [business name] following up with you on your request for information. Mobile message and data rates may apply and message frequency may vary. Reply ‘Help’ for help. ‘Stop’ to cancel.. Do you agree to receive texts from us?”
  • “Welcome to the [business name] team!  We send employee reminders and alerts as explained in our hiring paperwork. Msg & data rates may apply. Frequency may vary. Reply ‘Stop’ to opt-out. Please consent to employee notifications by replying YES.”

Their messaging response (consent or non-consent) must be documented in their CRM record.

After receiving consent, your first message is an opt-in confirmation. In addition to welcoming them, you must provide messaging disclosures of cost, frequency and stop.  These disclosures are required.

  • “Thanks for opting in to [Business Name] customer support. Mobile message and data rates may apply and message frequency may vary. Reply ‘Help’ for help. ‘Stop’ to cancel.”
  • “Welcome to [brand name]! You’ve opted in to get our latest offers. Message frequency varies. Msg & data rates apply. Text STOP to unsubscribe. Website [URL].”
  • “[Business Name]: You are now opted-in to appointment reminders. Message and data rates may apply. Message frequency may vary. For help, reply HELP. To opt-out, reply STOP.

The Opt-Out

Be aware that high volumes of Opt-Outs can impact your deliverability.  When mobile carriers notice high volumes of opt-outs, this sends a red flag indicating poor messaging standards or lack of opt-in. Developing proper Opt-In and Opt-Out procedures will help ensure your message deliverability.

Your STOP notification could be a keyword like STOP, REMOVE, UNSUBSCRIBE, QUIT, OPT-OUT, CANCEL, etc.  Unusual STOP keywords are interpreted as an attempt to make the Opt-Out difficult (a serious red flag), so we recommend that you keep it simple and use STOP.  You do not have to include your Opt-Out language with every text you send, but we recommend it. Some countries require STOP on every message.  Consumers like to be reassured that they always have the option. Whatever you choose, at the very least you must include your Opt-Out language in your first message to the recipient.

Honor every Opt-Out request.  Upon receiving the message to STOP, you must reply with an Opt-Out confirmation message explaining that all texts from this number are now blocked, and provide an UNSTOP option to receive messages again.

  • [Business Name]: You are now opted-out and will receive no further messages. Reply START to resubscribe.

Record their non-consent in their CRM record. No further communication is allowed until new consent is received.

Industry Accepted Use Cases

2FA
App Notifications
Appointments
Auctions
Auto Repair Services
Bank Transfers
Billing
Booking Confirmations
Business Updates
Career Training
Chatbot
Conversational / Alerts
Courier Services and Deliveries
COVID-19 Alerts
Emergency Alerts
Events and Planning
Financial Services
Fraud Alerts
Fundraising
General Marketing
General School Updates
Healthcare Alerts
Housing Community Updates
HR / Staffing
Insurance Services
Job Dispatch
Legal Services
Motivational Reminders
Notary Notifications
Order Notifications
Political
Public Works
Real Estate Services
Religious Services
Repair and Diagnostics Alerts
Rewards Program
Surveys
System Alerts
Voting Reminders
Waitlist Alerts
Webinar Reminders
Workshop Alerts

Ineligible Use Cases

High-Risk Financial Services Get Rich Quick Schemes Debt Forgiveness Illegal Substances/ Activities General
Payday loans
Short-term, high-interest loans
Auto loans
Mortgage loans
Student loans
Gambling
Sweepstakes
Stock alerts
Cryptocurrency
Debt consolidation
Debt reduction
Credit repair programs
Deceptive work from home programs
Multi-level marketing
Work from home programs
Risk investment opportunities
Debt collection or consolidation
Cannabis
Alcohol
Tobacco or vape
Phishing
Fraud or scams
Deceptive marketing
Pornography
Profanity or hate speech

Messaging Industry Resources

The Campaign Registry
https://www.campaignregistry.com/resources/

CTIA Messaging Principles and Best Practices
https://api.ctia.org/docs/default-source/default-document-library/170119-ctia-messaging-principles-and-best-practices.pdf

MMA Best Practices
https://www.mmaglobal.com/files/bestpractices.pdf

M3AAWG Best Practices
https://www.m3aawg.org/sites/default/files/m3aawg-mobile-messaging-best-practices-service-providers-2015-08_0.pdf

Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling (FCC 15-72)
https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-72A1.pdf

FTC Truth in Advertising
https://www.ftc.gov/news-events/media-resources/truth-advertising

Toll Free Messaging Verification

Mobile carriers are now requiring businesses that send SMS messages to register their Toll-Free Numbers to avoid usage thresholds and aggressive spam filtering. To learn more about submitting your toll free number for messaging verification, please see our article Toll-Free Messaging Verification.

10DLC SMS Campaign Registration

The Campaign Registry has mandated that all businesses desiring to send SMS messaging from their 10DLC numbers must register a brand for their company and a campaign to register their use cases.  To learn more about the Campaign Registry and this process, please see our article 10DLC SMS Campaign Registration.

Questions or Concerns?

If you have questions or concerns about best practices, registering phone numbers, and the possible impacts on your messaging service, please contact us at support@inventivelabs.com.

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