SMS Consent Management
Best practices for capturing, storing, and managing TCPA-compliant SMS consent with audit-ready documentation.
Clear Disclosure
Present message types, frequency, and opt-out instructions clearly.
Affirmative Consent
Customer must actively agree. No pre-checked boxes allowed.
Record Evidence
Log timestamp, IP, consent language, and user response.
Audit Trail
Maintain compliance records for the full statute of limitations.
TCPA Requirements
The Telephone Consumer Protection Act (TCPA) requires "prior express written consent" for all commercial text messages. This consent must be obtained through a clear, unambiguous process.
Written Form
Electronic signature or clear written agreement (checkboxes, forms).
Affirmative Action
Customer must actively consent - no pre-checked boxes or auto-enrollment.
Purpose Specific
Separate consent required for marketing vs. transactional messages.
Not Conditioned
Consent cannot be required for purchase or service access.
Consent Examples
I can opt out at any time by replying STOP. For help, reply HELP.
By checking this box, I provide my express written consent under the TCPA.
(Pre-checked box, no frequency disclosure, no TCPA language, no opt-out instructions)
Message and data rates may apply. Reply STOP to opt out. For help, reply HELP.
Privacy Policy: [Link]
Consent Documentation
Maintaining detailed consent records is critical for TCPA compliance and legal defense.
| Data Element | Description | Purpose | Retention |
|---|---|---|---|
| Timestamp | Date/time with timezone | Proof of when | 4+ years |
| IP Address | User's IP address | Source verification | 4+ years |
| Phone Number | Mobile number | Recipient ID | 4+ years |
| Language | Exact text presented | Disclosure proof | 4+ years |
| Response | Checkbox/Button action | Affirmative action | 4+ years |
Opt-Out Management Requirements
Immediate Processing
Honor STOP requests within next send (ideally real-time).
Multiple Methods
Must accept STOP, UNSUBSCRIBE, CANCEL, END, QUIT.
Confirmation
Send 1 final message confirming successful opt-out.
Suppression List
Maintain permanent block list across all campaigns.
Consent Language Generator
Create compliant disclosure text for your signup forms.
Ready-Made Templates
Download industry-specific consent forms and integration code snippets.
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