A common question that we get about text message marketing, or SMS marketing, is whether or not a “double opt-in” is necessary for TCPA compliance. A double opt-in is the process of verifying a consumer’s consent twice before initiating SMS marketing messaging. One common example of this would be a billboard saying “Text PIZZA to 366466”, where the initial text from the consumer provides consent, and is then followed up with another text from the brand with the TCPA-required disclaimers.
You can see an example of this below.
SMS Marketing Double Opt-In
Is a Double Opt-In Required for SMS Marketing?
So, is this double opt-in required?
In short, no. A double opt-in is not explicitly mentioned anywhere in the Telephone Consumer Protection Act (TCPA), and is therefore not explicitly required by law. The level of required consent can vary based on the type of call or message, but in general, only a single instance of given consent is required.
However, that doesn’t mean that a double opt-in isn’t a good idea regardless. A double opt-in is a good way to guarantee that a subscriber consented to receiving text messages. While a double opt-in isn’t entirely necessary in situations where a consumer provides consent via an online portal that displays all the required information at once, Tatango does recommend a double opt-in to be safe. For example, there might be a chance that the consumer didn’t see the terms and conditions on a form, commercial, or billboard, even if the terms were on it, which opens the door for a TCPA violation.
How to Avoid TCPA Lawsuits
While on the subject of double opt-ins and TCPA compliance safety, take care to keep a record of text messages used to provide consent, even after the initial promotion passes. This information will shut down any plaintiff that might have simply forgotten they gave consent, which saves you time, money, and a massive headache.
At the end of the day, a double opt-in is not required by the TCPA, but it can be an extremely useful tool for any brand looking to initiate and protect a text message marketing campaign.
We hope you found our breakdown of double opt-ins and TCPA-compliant consent helpful. As always, please contact us if you want to get started with your own text message marketing campaigns and ensure their compliance from the start.