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)

​

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. To add a phone number field and SMS Opt-In legal disclaimer, you can either:

1. Create a new display and select a template that Collects SMS Subscibers
2. Add a new phone number form field
3. Add a new phone number collection step

Once a contact signs up, their path to becoming textable depends on the display’s SMS Opt-In setting. By default, contacts must complete the Double Opt-In process by replying ‘Y’ to a confirmation text. You can also switch a display to Single Opt-In to make contacts textable immediately on submission.

​

Privacy Policy and Terms & Conditions

You must update the links in your display’s SMS Opt-In disclaimer to match your brand’s Privacy Policy and Terms of Service. To do this, click directly on the SMS Opt-In disclaimer element in your display, and then paste your brand’s Privacy link and Terms link in the fields on the right:

​

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.

​

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.

​

FAQ

Can I send text messages to anyone that gives me their phone number? No. You can only send text messages to contacts who have given you explicit consent to receive marketing text messages. For sign-ups on a Privy display, consent is captured through one of Privy’s SMS opt-in flows; for contacts brought into Privy another way (for example, imported with pre-existing consent), you’re responsible for ensuring the consent was collected in a TCPA-compliant manner. 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 through its own opt-in flow on a display. Privy supports both Single Opt-In and Double Opt-In for SMS sign ups. 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.