SMS Consent: Legal Requirements, Best Practices, and Examples

Sending text messages without proper permission isn’t just annoying; it’s a fast track to hefty fines and a damaged brand reputation. Many businesses stumble into SMS marketing, unaware that obtaining explicit consent is the bedrock of any successful (and legal) campaign.

This guide cuts through the noise. We’ll cover:

• The essentials of SMS consent and its legal implications.
• Actionable strategies for collecting consent effectively across your Shopify store.
• Common pitfalls to avoid and how to turn compliance into a list-building advantage.

P.S. Struggling with abandoned carts and low customer engagement? Try TxtCart. It’s designed to help Shopify merchants like you craft highly successful SMS strategies. So, if you want to skip the guesswork and ensure your SMS marketing efforts are both effective and drive real results, TxtCart has you covered.

Legal Requirements for SMS Consent

Navigating the legal landscape of SMS consent can seem daunting, but understanding the core requirements is essential for any Shopify merchant.

TCPA Compliance for US-Based Businesses

If you’re targeting customers in the US, the Telephone Consumer Protection Act (TCPA) is your primary guide for SMS compliance. Key aspects include:

• Express Written Consent: You must obtain written consent before sending promotional messages via SMS. This means a customer must knowingly and clearly agree to receive SMS messages from your business name, and this consent cannot be a condition of purchase. Simply having a customer’s phone number from a past transaction does not count as consent for marketing text messages.
• Record-Keeping Obligations: You are required to maintain detailed records of how and when consent was obtained for every subscriber. This includes the timestamp, the exact SMS consent language used (whether on a website form or paper form in person), and the source of the opt-in. These records are your crucial defense.
• Opt-Out Management: You must provide a clear, simple way for subscribers to opt out of future messages (e.g., replying “STOP”). These opt-out requests must be honored promptly to maintain SMS compliance and respect customer preferences.

International SMS Consent Regulations

If your customer base extends beyond the US, you’ll need to be aware of international regulations for SMS consent.

• GDPR (Europe): The General Data Protection Regulation sets strict rules, requiring explicit, unambiguous, freely given, specific, informed, and revocable consent. It cannot be bundled, and pre-checked boxes are forbidden. Businesses must clearly explain how personal data (like phone numbers) will be used for SMS marketing.
• CASL (Canada): Canada’s Anti-Spam Legislation also has stringent consent requirements for commercial text messages. While it distinguishes between express and implied consent, express consent is the gold standard. This requires clear business identification, a statement of consent to receive SMS messages, and clear opt-out instructions.
• Other Regions: Many other countries have their own specific data privacy and anti-spam laws. It’s vital to research and understand the regulations applicable where your customers reside to ensure you stay compliant globally when you send messages.

Carrier Requirements

Beyond governmental regulations, mobile carriers themselves often have their own guidelines for SMS marketing.

• User Protection: Carriers like Verizon, AT&T, and T-Mobile aim to protect their users from spam and unwanted messages.
• Specific Rules: They may enforce rules on messaging frequency, content (prohibiting certain types), and the clarity of opt-out instructions. Non-adherence can lead to message filtering, blocking, or suspension of your sending numbers.
• Alignment with Laws: These guidelines often mirror legal requirements like TCPA and CASL, reinforcing the need for proper SMS consent and clear communication to maintain a good sender reputation.

BTW, TxtCart ensures full compliance by seamlessly including clear opt-out instructions (e.g., “STOP to opt-out”) in every message. This not only meets legal requirements but also builds trust with your customers by respecting their preferences and making it easy to unsubscribe at any time.

Read Next:

• TCPA Compliance Guide for SMS Marketing [+ Checklist]
• SMS Marketing Compliance 101: A Guide For Shopify Businesses

Essential Elements of a Compliant SMS Consent Form

Your SMS consent form is where the compliance journey truly begins. Getting this right is crucial for building a legitimate and engaged subscriber list.

Required Disclosure Language

Clear and transparent disclosure is non-negotiable for obtaining consent legally and ethically. Your consent form must include:

• Clear Purpose: Specifically state what kind of SMS messages subscribers will receive (e.g., promotional messages, order updates, appointment reminders).
• Messaging Frequency: Disclose the expected messaging frequency (e.g., “Receive up to 4 texts/month”) to set clear expectations.
• Standard Rates Disclosure: Include language like “Message and data rates may apply” to inform users about potential costs.
• Opt-Out Instructions: Provide clear, easily accessible instructions on how to opt out (e.g., “Text STOP to cancel”), a core TCPA requirement.

Consent Form Design Best Practices

How your consent form looks and functions is just as important as the language it contains. Follow these best practices:

• Separate Checkbox: Use a distinct checkbox specifically for SMS consent. Do not bundle it with other permissions (e.g., terms of service, email marketing).
• Unchecked by Default: This checkbox must be unchecked by default. Users must actively tick it to provide consent; pre-checking is a major compliance violation.
• Clear & Conspicuous Disclosure: Place all required disclosure language directly near the checkbox or call-to-action button. Avoid hiding it.
• Mobile-Friendly Design: Optimize the form for mobile devices with a responsive layout, 44px+ buttons, and 16px+ font size for readability. Ensure at least 16px padding between form fields and test across various devices and orientations.

5 Effective Places to Collect SMS Consent on Your Shopify Store

Knowing where to ask for SMS opt-in permission on your Shopify store can significantly impact your list growth and the quality of your subscribers. Each placement has its unique advantages and potential drawbacks.

Here’s a comparison to help you decide the best spots to collect consent:

Placement	Pros	Cons	Best For
Checkout Page	High conversion (captures engaged customers), relevant for transactional updates	May slightly slow checkout, perceived as another step	Transactional updates, post-purchase marketing
Pop-up Forms	High visibility, can offer incentives (e.g., discount for opt-in)	Can be intrusive if not timed well, may interrupt shopping	Rapidly growing your SMS opt-in list
Landing Pages	Dedicated space to explain benefits, detail campaign specifics	Requires driving traffic to the page	Specific campaigns, contests, detailed offers
Footer Sign-up	Non-intrusive, always accessible on your site	Lower visibility compared to pop-ups, more passive	Consistent, low-pressure SMS opt
Post-purchase Page	High engagement (customer just completed a purchase), can offer order updates & related products	Limited to existing buyers only	Customer retention, upselling, loyalty programs

Choosing the right placements to gather consent depends on your specific goals. Using a combination of these options, often yields the best results for building a robust list of subscribers who genuinely want to receive SMS messages from your business.

Read Next:

• 15 Ways to Grow Your SMS List (No One Talks About #3)
• 14 Growth Hacks to Get More SMS Subscribers for Your Shopify Store

SMS Consent Form Examples That Convert

Seeing compliant and effective SMS consent forms in action can make all the difference. Let’s look at a few examples.

Example 1: Checkout Page Consent Form

The checkout page is a prime location to request SMS consent, especially for order updates and future promotions.

Example:

Analysis of what makes it effective:

• Clarity: It clearly states the purpose (exclusive offers, updates).
• Explicit Action: The checkbox is unchecked by default, requiring active consent.
• Key Disclosures: It includes the business name, mentions autodialers (a TCPA requirement if used), states consent isn’t a purchase condition, includes “message and data rates may apply,” notes variable frequency, and provides opt-out instructions.
• Links: Links to Privacy Policy & Terms offer further transparency.

This form effectively balances compliance with a clear value proposition for the customer to opt in.

Example 2: Pop-up Consent Form

Pop-ups can be highly effective for list building when implemented thoughtfully.

Example:

Analysis of what makes it effective:

• Incentive: The 10% discount is a strong motivator to opt in.
• Value Proposition: Clearly communicates the benefits (early access, deals).
• Compliance Elements: The separate, unchecked checkbox and concise disclosure language cover the necessary legal bases for SMS consent language, including the ability to opt out and the fact that message and data rates may apply.
• Action-Oriented CTA: “Get My Discount!” is compelling.

This pop-up is designed to grab attention and convert visitors into subscribers by offering immediate value while ensuring proper SMS consent.

Example 3: Post-purchase Consent Form

The post-purchase or “thank you” page is another excellent opportunity, as customers are highly engaged at this point.

Example:

Analysis of what makes it effective:

• Relevance: Capitalizes on recent purchase enthusiasm.
• Exclusivity: “SMS-only deals” creates a sense of VIP treatment.
• Comprehensive Disclosure: All necessary compliance elements for SMS marketing consent are present, including how to opt out and the nature of the promotional messages.

This approach feels less like an interruption and more like a helpful suggestion to a valued customer, making it effective for long-term engagement and obtaining consent.

Looking to implement opt-in methods seamlessly? TxtCart supports flexible SMS opt-in flows, including straightforward single opt-in and robust double opt-in mechanisms, helping you build a compliant and engaged SMS subscriber list with ease.

Implementing Double Opt-in for Maximum Protection

For an even more robust approach to SMS consent and list quality, consider implementing double opt-in.

Double opt-in involves a two-step confirmation. After the initial opt-in, the user receives a confirmation message via SMS and must reply (e.g., with “YES”) to confirm their subscription. This method ensures a higher quality list and is often recommended for better compliance.

Here’s a typical step-by-step process:

1. Customer provides their phone number and checks the consent box on your initial form.
2. An automated SMS is immediately sent: “Thanks for signing up for [Your Brand Name] alerts! Reply YES to confirm & get 10% off. Msg&data rates may apply. Msg freq varies. Reply HELP for help, STOP to cancel.”
3. Customer replies “YES”.
4. Their subscription is confirmed, and they are added to your active SMS marketing list. You can then send a welcome message with the promised incentive.

The benefits of double opt-in are significant. It drastically reduces the chances of incorrect numbers or sign-ups made by bots, leading to a higher quality, more engaged subscriber list.

It also provides an extra layer of proof for consent requirements, which can be invaluable in case of disputes or audits. Furthermore, it ensures that subscribers are truly interested, which often leads to lower opt-out requests and better campaign performance.

BTW, opt-in is just the start—keeping customers engaged is the real challenge. Unlike traditional SMS platforms that send robotic, one-way messages, TxtCart’s conversational approach enables two-way, human-like conversations from the moment subscribers join.

Whether it’s recovering abandoned carts or answering customer questions in real-time, TxtCart drives better engagement—all while costing 32 times less than a human agent. This makes it a powerful tool to nurture lasting customer relationships through SMS.

Read Next: The Complete SMS Opt-in Playbook for 2025: Tips & Examples

Record-keeping Requirements for SMS Consent

Meticulous record-keeping is a cornerstone of SMS compliance and protecting your business from legal trouble.

You need to maintain comprehensive records for every subscriber who gives SMS consent. These records should include:

• The phone number of the consenting individual.
• The exact SMS consent language presented to the individual at the time of opt-in.
• The source of the opt-in (e.g., checkout page, pop-up, specific landing page, in person via a paper form, or even verbal consent if meticulously documented with written follow-up).
• A timestamp (date and time) of when consent was given.
• If using double opt-in, records of the confirmation message sent and the affirmative reply received.
• Any opt-out requests and when they were processed.

Generally, you should keep these consent records for at least four years, which is the federal statute of limitations for TCPA violations, though some legal experts recommend keeping them longer. These records are your primary evidence that you obtained proper SMS consent before sending marketing text messages.

How to Turn SMS Consent into a List-Building Opportunity

Obtaining SMS consent isn’t just a legal hurdle; it’s your first step in building a high-value SMS marketing list. By approaching consent strategically, you can maximize opt-ins from genuinely interested customers.

Incentivizing Opt-ins

Offering a tangible benefit can significantly boost your SMS opt-in rates. People are more willing to provide consent if they get something valuable in return.

Consider these incentives:

• Discount codes: A common and effective tactic (e.g., “Get 15% off your first order when you sign up for SMS!”).
• Exclusive content: Offer access to tips, guides, or information not available through other marketing channels.
• Early access to sales: Let SMS subscribers be the first to know about upcoming promotions or new product drops.
• VIP treatment: Promise SMS-only deals, free shipping on their next order, or entry into exclusive contests.

When offering an incentive, ensure it’s clearly communicated alongside the SMS consent text on your website form or pop-up.

Communicating Value

Beyond incentives, clearly articulating the ongoing value of your SMS communications is key to encouraging sign-ups and retaining subscribers.

Clearly highlight the benefits of joining your SMS list. Will they receive:

• Personalized product recommendations?
• Timely notifications about restocked items they’ve shown interest in?
• Helpful tips related to your products?
• Quick customer service?

Set clear expectations about the types of messages they’ll receive and the messaging frequency. Showcasing examples of the SMS messages they can expect can also be very effective.

For instance, “Get texts like: ‘Flash Sale Alert! 20% off all tees, today only! Shop now: [link]” This helps potential subscribers understand exactly what they’re signing up for and reduces the likelihood of them feeling they’re receiving unwanted messages.

SMS Consent Nailed? Now Drive Sales with TxtCart!

You’ve learned that SMS consent is far more than a checkbox; it’s the foundation of trustworthy and effective SMS marketing. Getting it right protects your business and builds stronger customer relationships.

Here are the key takeaways to ensure your Shopify store’s SMS strategy is built on solid ground:

• Prioritize explicit consent: Always obtain express written consent before sending any marketing text messages.
• Clarity is king: Ensure your disclosure language is transparent, covering message purpose, frequency, costs, and opt-out instructions.
• Maintain meticulous records: Document every SMS opt-in to demonstrate SMS compliance and protect your business.

Now that you understand the ins and outs of SMS consent, TxtCart offers the tools to implement these best practices effortlessly. Our platform is designed for Shopify merchants who want to grow their SMS list, engage customers through conversational SMS, and drive revenue—all while maintaining strict SMS compliance. Start turning compliant consent into conversions today.