Understand SMS consent and compliance

Understand how Optimizely Data Platform (ODP) handles SMS consent and compliance.

Obtain consumer opt-in

If you use ODP's SMS solution, you must comply with the opt-in requirements outlined in the CTIA Principles and Best Practices.

The CTIA requires you to complete the following actions: 

• Obtain a consumer’s consent to receive messages generally.
• Obtain a consumer’s explicit written consent to receive marketing messages specifically.
• Give consumers the ability to revoke consent.

Before sending SMS messages, ensure your recipients have opted in, given their explicit consent, or received some form of communication from you. The Federal Communications Commission (FCC) monitors for consent and reserves the right to block messaging services or suspend your account if abuse is reported. See Implict and explicit marketing consent for information.

Best practices for SMS consent

Provide clear and conspicuous notice

The notice is a message that prompts consumers to opt into your SMS campaign. You must provide your customers with a clear and concise notice about the type and purpose of the messaging they will receive. You should inform consumers of the following:

• The program or product description
• The phone number from which the messages originate
• The specific identity of the organization represented in the initial message
• Any associated fees or charges
• Other applicable terms and conditions (such as how to opt-out, customer care contact information, and any applicable privacy policy)

Additionally, subsequent messaging should not contain any deceptive language or obscure opt-in details in terms and conditions.

Content for consumer opt-in

If you plan to send multiple messages as part of your promotional SMS campaign, follow the CTIA’s best practices for recurring messages.

• Provide your consumers with a confirmation message that informs them they are enrolled in the recurring message campaign with a clear description of how to opt out.
• Send your consumer an opt-in confirmation message before sending any additional SMS messages. Your confirmation message should include the following:
  • Program name or product description
  • Customer care contact information
  • Opt-out instructions
  • Disclosure that the messages are recurring and the frequency of messaging
  • Clear language about any associated fees or charges and how those charges are billed

Content for consumer opt-out

You must provide consumers with a choice to end messaging communications, regardless of whether the consumers have consented to receive the message. You should acknowledge opt-out requests with the following guidelines:

• Ensure that consumers have the ability to opt out of receiving messages at any time.
• Support multiple opt-out mechanisms, including phone calls, emails, or texts.
• Acknowledge consumer opt-out requests by sending one final confirmation message per campaign to notify the consumer that they have opted out successfully. Do not send any further messages. 

State in your messaging how and which words affect an opt-out. Standardized “STOP” wording should be used for opt-out instructions; however, opt-out requests with normal language (like stop, end, unsubscribe, cancel, quit, or please opt me out) should also be acknowledged unless a specific word results in unintentional opt-out.

Types of SMS content

See the following table for the consent levels expected for various messaging types. For example, you may not have a customer’s explicit consent but still need to contact them through SMS (such as for transactional messages or when the customer initiates the conversation). 

Promotional Content Example

Transactional/Informational Content Example

Conversational Content Example

Prohibited content

Under the best practices for SMS content outlined by CTIA, you are not permitted to send content associated with the following:

• Engaging in an activity with any pornographic or adult entertainment industry purpose, regardless of whether such activity is lawfully permitted.
• Depictions or endorsements of violence and hate speech or otherwise engaging in threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent behavior.
• Content related to the sale or promotion of substances that are classified as controlled substances under federal law, including marijuana.

Prohibited campaign types

Unless expressly authorized by ODP, you may not use SMS campaigns for the following purposes:

• Third-party or affiliate lead or commission generation
• Advertisements for loans
• Credit repair offers
• Debt relief
• Debt collection
• Work from home, secret shopper, or other similar advertising campaigns