Definition
SMS consent is the permission a contact gives to receive marketing text messages. Because texting is personal and regulated, consent requirements are stricter than email: the subscriber must clearly understand what they are signing up for, consent must be documented, and a clear opt-out path must exist.
In the US, the Telephone Consumer Protection Act (TCPA) governs SMS marketing. Unsolicited texts can trigger statutory damages per message, making documented consent a business-critical requirement. In the EU, SMS is personal data under the GDPR, so consent must meet the same high bar as any marketing processing.
Consent Requirements for SMS
- Explicit and informed — the subscriber knows it's marketing texts
- Documented — you can prove when and how consent was given
- Granular — text consent is separate from email consent
- Reversible — an easy, always-available opt-out
Best Practices
- Keep consent separate — email signup does not equal SMS consent
- State the cadence — how often will you text?
- Confirm the opt-in — a confirmation message verifies consent
- Respect quiet hours — avoid early-morning or late-night sends
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Frequently Asked Questions
No. Email consent does not cover SMS. You need separate, explicit consent for text messaging under TCPA and GDPR.
Capture the timestamp, the exact signup text and the consent source (form, keyword, checkbox). Keep an audit trail for each contact alongside their SMS status.
In the US, TCPA violations can carry statutory damages per message, and class-action risk is significant. Documented consent is the single most important safeguard.