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What Does Written Consent Mean in SMS Marketing?



In the video above, Tatango CEO Derek Johnson answers the question, “What does written consent mean in SMS marketing?” Prefer to read? No problem. See the post below. You can also find answers to all your SMS marketing questions in our Q&A video library.


What Does Written Consent Mean in SMS Marketing?

In SMS marketing, the phrase, “written consent is required” is often seen when a brand advertises its text message marketing campaign. This phrase is a requirement of the Telephone Consumer Protection Act (TCPA), a federal law created to safeguard consumer privacy and prevent communications exploitation. It’s enforced by the Federal Communications Committee (FCC), which governs the US radio, television, wire, satellite, and cable communications channels.

This phrase requires brands or organizations to obtain written consent in order to send text messages to consumers who’ve opted in to receive them. These days, brands don’t need a signed piece of paper. They can get a consumer’s written consent electronically. Through the E-Sign Act of 2000, written consent can be obtained through a website form, a text message, and other electronic means. The main point behind this TCPA-required phrase is to make sure brands and organizations receive consent from customers before sending them text marketing messages.

Other common phrases such as, “Consent is not a condition of purchase” or “By opting in, you’re giving written consent to receive automated recurring dialing text messages”, explain to customers that they need to give their consent in some form. Traditionally, actual written consent was required, but with the E-Sign Act, brands can obtain consent via a mobile phone or electronic web form. Whichever channel, obtaining this consent before sending text messages is a crucial legal.

Here’s an example from the Best Buy Text Message Terms & Conditions: “You consent to the use of an electronic record to document your Opt-in.”


Do you have more questions about TCPA compliance? Check out our series of helpful TCPA compliance videos.


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