Understanding SMS Consent

SMS marketing is a highly regulated medium, so we’ve prepared this article to make sure that you understand all the requirements needed to collect textable phone numbers from your clients in a compliant manner, and answer any questions you might have around consent.

Before we get into the details, make sure that you:

Are subscribed to Privy’s Growth Plan, which includes access to all our SMS features.

Have already registered for your toll-free number and been approved.

Will only be collecting and sending messages to numbers in the United States and Canada (+1 country code)

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How do I collect SMS contacts?

At this time, the only way to collect SMS Contacts at Privy is to have them sign up via a Privy display. The display must include a phone number field and our SMS Opt-In legal disclaimer. Privy Convert Displays are included in your Growth Plan subscription.

If you need guidance on how to create a display that collects SMS contacts, check out this article!

Once signing up, contacts must also complete the Double Opt-In process to become a textable contact.

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How does SMS Double Opt-In work?

To become a textable contact on your list, your contact must complete both parts of the Double Opt-In process:

Signed up on a Privy display with their phone number and the SMS Opt-In legal disclaimer present.

Replied ‘Y’ to the Double Opt-In message they receive immediately after signing up.

Here’s what the Double Opt-In message from your business will look like:

Once the contact replies ‘Y’, they will officially be a textable contact on your list + receive all your messages moving forward!

If a contact does not reply ‘Y’, they will not be textable.

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How do contacts Unsubscribe and/or Resubscribe?

To unsubscribe, contacts need to reply STOP to any of your toll-free number’s messages. This guidance is included at the end of each of your texts.

To resubscribe, a contact can either reply UNSTOP or START to your toll-free number’s messages.

They can also sign up on one of your displays again. They may or may not need to complete the Double Opt-In process again.

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FAQ

Can I send text messages to anyone that gives me their phone number?

No, you can only send text messages to contacts that go through the double opt-in process, explicitly giving you their consent to receiving text messages.

Can I send text messages to contacts that opted-in to receive emails from me? 

No, email consent is separate from SMS consent and must be collected within their respective methods for collection - email consent being collectable via displays through single/double opt-in, and SMS consent only through double opt-in.

Am I required to have an opt-in checkbox on my displays to collect SMS consent?

No, a checkbox is no longer required for SMS consent. You still have the option to add one if you’d like.

Can I import textable phone numbers to my Privy account? 

If you have existing textable contacts, you can import them via spreadsheet. They need to have been collected in a TCPA-compliant manner. Please note that by submitting a list for upload, you certify that you collected subscribers in a TCPA-compliant manner. If you’re not sure, please consult your attorney.